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  • Overview

    We can provide advice and assistance in all situations where a claim needs to be brought, or where a claim is threatened or proceedings are issued. We have experience in dealing with cases for claimants and defendants, and litigation involving children. We aim to ensure that disputes are settled as early as possible, thereby reducing costs and delay.

    What kind of disputes can arise?

    Trusts are commonly used as a way to protect assets and structure a person’s estate. They can be set up during a person’s lifetime or created by Will. Those responsible for looking after the assets of a Trust owe legal duties to the beneficiaries.

    Disputes can arise, for example, if any of the following questions/issues arise:

    1. Are the terms of the Trust and the assets within it clear?
    2. Are the trustees acting in the best interest of the beneficiaries when making  decisions?
    3. Are the Trustees balancing the needs of the various beneficiaries and taking  their views into account in their decision making?
    4. Do the Trustees get on or is there friction between the Trustees or between  the beneficiaries and Trustees which is affecting the running of the Trust? In  certain circumstances Trustees can be removed by the Court.
    5. Have the Trustees made distributions to the correct beneficiaries and taken all  necessary considerations into account before making a decision to distribute?
    6. Have the Trustees acted outside of the powers given to them in the trust  document and the general law?
    7. Has a beneficiary misrepresented their position or personal circumstances?

     
    These questions/issues can give rise to a claim against a Trustee or beneficiary. It is a non-exhaustive list, so please do not hesitate to contact us if you need help in making or defending such a claim.

    What is the benefit of using us?

    Our expert lawyers are specialists in this are of law and will provide practical advice on safeguarding your position (for example by entering a caveat against the estate)   and on then resolving the dispute outside of the Court process, if possible. If necessary, an application will be made to the Court.  Whatever action is taken, we will take particular care to minimise the risks you face on costs, and to see what can be done to recover costs from the Trust or from your opponent.

    In addition, working closely with our specialist Wills, Probate, Trusts and Tax Planning team, we advise on preventative measures that can be taken by clients to try to avoid such disputes.

    For a free initial telephone consultation contact one of the team below.

  • Latest Updates

Get in touch

Probate head Helen Stewart is 'a first-class professional.'

The Legal 500 2015

Clearly explained what was being done at every stage

Client

Efficient, effective and friendly helpful.

Client

The advice and support from the initial phone call through to the completion of the document was clear, thorough and very efficient. I felt I received a personal service tailored to my needs

Client

At the first meeting, they listened carefully to my needs and clearly explained the options available to me and how this could be achieved. I left the meeting with a clear understanding of what to do next  

Client

The Deed of Variation and Trust that I required needed to be completed to a short deadline which was met. This was due to the efficient and effective work of the lawyers I worked with

Client

Thank you for providing such clear advice and executing this in such a painless and professional way.  I don’t think I can recall the last time someone did some professional work for me where there were no typos or mistakes, or where I didn’t have to chase and do part of the work myself  

Client

The communication, attitude and professionalism was exceptional from James. He was very helpful and understood exactly why we needed legal assistance. He spent a lot of time getting to know us and advising us. We got the best outcome possible and he was very helpful.  

Client

Meet The Team

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