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Resolving disputes over Trusts

Trusts are used to hold assets for the benefit of others, known as beneficiaries, and are a tax-efficient way of managing assets after your death. Trusts are managed by trustees for the beneficiaries, according to the terms of a Will or Trust deed. However, even when Trust deeds have been well prepared, they can lead to disputes after someone’s death. The disputes may arise between trustees, or between trustees and beneficiaries over issues such as the management of assets.

If you are a trustee, it is vital to act quickly on disputes to ensure that the Trust’s assets are not at risk and that you are acting in the best interests of the beneficiaries. At Nelsons, we have a specialist Dispute Resolution team in Derby, Leicester and Nottingham which can assist with resolving Trust disputes.

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How we can help with resolving Trust disputes

We can assist with the following types of Trust disputes:

  • Mismanagement of Trust assets – Beneficiaries may allege that the trustee has mismanaged or misused the assets held in the trust, either through negligence or intentional actions.
  • Breach of fiduciary duty – Trustees have a fiduciary duty to act in the best interests of the beneficiaries. Allegations of a trustee failing to fulfil this duty, such as favouritism, self-dealing, or conflicts of interest, can lead to disputes.
  • Interpretation of Trust terms – Disputes may arise over the interpretation of the trust document. Beneficiaries might have different views on the intended meaning of certain clauses, leading to disagreements about how the Trust should be administered.
  • Undue influence or lack of capacity – If there are concerns that the settlor (the person who established the Trust) was unduly influenced or lacked the mental capacity when creating the Trust, it can lead to disputes over the validity of the Trust.
  • Communication issues – Lack of communication or transparency from the trustee to the beneficiaries can create distrust and lead to disputes. Beneficiaries may feel excluded or uninformed about Trust matters.
  • Changes in circumstances – Changes in family dynamics, financial situations, or legal regulations may trigger disputes among beneficiaries or between beneficiaries and the trustee regarding how the Trust should be managed or distributed.
  • Disputes among beneficiaries – Beneficiaries may have conflicting interests or disagreements regarding the distribution of Trust assets, especially if the Trust document does not provide clear guidance on certain matters.

We have substantial experience in all areas of Trust, Will and inheritance disputes and can advise on the merits of your claim, as well as how to fund it and the risks associated with claiming.

Why choose Nelsons?

Our team is recommended by the independently-researched directory, The Legal 500, as one of the top teams of specialists in the country. We specialise in these types of matters and the team includes members of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Testimonials…

  • "Nelsons...has a sizeable contentious trusts and probate team that frequently handles disputes concerning high value estates..."

    The Legal 500
  • "...The team displays strong expertise in Inheritance Act claims, complex challenges to wills, court of protection and defamation matters..."

    The Legal 500 (Continued)
  • "...Practice head Kevin Modiri and his team are 'sensible and pragmatic' and frequently deliver client training and CPD seminars.”

    The Legal 500 (Continued)
  • "The solicitors that work for Nelsons are all perfectionists who work hard to sort out your cases and are also caring people taking you through what is happening with everything."

    The Legal 500 2023
  • "The team has grown in recent years and there are now genuine specialists and strength in depth within this practice area."

    Referee feedback provided to The Legal 500 2024

Contact us for advice concerning a Trust dispute

To discuss how our specialist team might be able to act on your behalf in a Trust, Will or inheritance dispute, please call us on 0800 024 1976 or via our online enquiry form for a guaranteed response.

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976