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:
- Are the terms of the Trust and the assets within it clear?
- Are the trustees acting in the best interest of the beneficiaries when making decisions?
- Are the Trustees balancing the needs of the various beneficiaries and taking their views into account in their decision making?
- 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.
- Have the Trustees made distributions to the correct beneficiaries and taken all necessary considerations into account before making a decision to distribute?
- Have the Trustees acted outside of the powers given to them in the trust document and the general law?
- 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.