COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Probate & Wills

Trust disputes

Trust disputes can happen in many different situations. We are here to help you.

The law in relation to trusts is now governed by the provisions detailed in the Trustee Act 2000. However, many trusts were created before this legislation was introduced, so the earlier rules governing trusts will still apply to those trusts.

Claims against trustees

The most common types of claims against trustees include situations where trustees:

  • act beyond the powers conferred on them by the trust (or by the Trustees Act) – this is known as Ultra Vires
  • fail to act at all
  • fail to act as the “prudent man of business” would have done in relation to investments
  • take money from the trust for themselves

The Court can remove trustees, and appoint others. The court can also order that trustees repay any losses to the trust from their own pocket.

Claims against trustees’ professional advisors

Trustees often instruct professional investment advisors in relation to trust funds. Sometimes things go wrong. A claim may exist against an professional advisor where they have acted:

  • in breach of contract
  • negligently or
  • in breach of a statutory duty

It’s important that if you’re in this situation, you act as quickly as possible as time limits can apply. We have all the expertise you need, whether you’re a trustee or beneficiary.

For a free no obligation chat about your concerns, contact us 01392 207761 or email

Get legal advice and support

Contact Our Legal Experts

Enquire now