Skip to Main content

Search results for ''...


Sorry, there were no results

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

  • Overview

    Experienced trust dispute lawyers

    A trust is a legal arrangement whereby one or more people (trustees) hold assets for the benefit of other people (beneficiaries). Those assets are often property or other investments. 

    A trust is created by the settlor who transfers his or her own assets to the trustees, specifying how and for whom those assets can be used and what powers the trustees have. A trust can be created during the settlor’s lifetime, but can also be set up in his/her will (in which case the “settlor” is known as the “testator”). 

    A trustee’s role is onerous and is often not explained when the trust is set up. Indeed sometimes a trustee can find himself / herself in that role unconsciously. Disputes can often be complex and valuable, and potentially have personal cost consequences for the trustee

    There are many different types of trust, e.g. bare trusts, interest in possession trusts, discretionary trusts, accumulation trusts, settlor-interested trusts and non-resident trusts.

    The law can also deem that a trust exists, even where no trust document exists. For example, a constructive trust arises where someone buys property and holds that property in his/her sole name, but for someone else (e.g. someone who has contributed in some way).  

    Disputes in relation to trusts can arise for a number of reasons, including      
    •    The trust documents being vague, unclear about trustees’ powers or containing mistakes
    •    Negligent legal or tax advice when the trust was set up
    •    The trust document not reflecting the wishes of the settlor  
    •    A co-trustee acting outside of his or her powers, being dilatory, refusing to disclose financial information or blocking decisions
    •    A trustee considering he or she can no longer work with a co-trustee, or realising that a co-trustee no longer has capcity to continue as a trustee such that the co-trustee needs to be removed
    •    Disagreement between trustees as to how a trust is to be managed or as to the relative interests of a life tenant and the remaindermen 
    •    A co-trustee favouring certain beneficiaries, e.g. where he or she is also a beneficiary
    •    A trustee being worried about claims by beneficiaries if he or she exercises his or her discretion in a particular way
    •    A trustee being worried about personal exposure to costs arising from litigation which involves the trust. 

    Decisions on whether trustees should get involved in disputes and how they should pursue them carry potentially serious personal cost consequences for trustees.  

    Our team has experience in dealing with disputes in all of the above listed circumstances and many more.  
    We also work closely with our specialist Wills, Probate, Trusts and Tax Planning team, and advise on preventative measures that can be taken by clients to try to avoid trust disputes.

       

  • Latest Updates

    Making use of the Residence Nil Rate Band

    The Residence Nil Rate Band (RNRB) has been recently introduced and is only able to be claimed on estates where the deceased has died on or after 6 April 2017. The RNRB increases the amount which can pass free of Inheritance Tax on the death.

    Independent administrator service

    Independent administration is a service solicitors and families can use when there are recalcitrant executors, intractable differences of opinion or contested wills combined with a need to protect an element or the whole of a deceased’s estate.

    Law Commission’s consultation on the law of wills

    Thomson Snell & Passmore has responded to the Law Commission’s consultation on the law of wills.

    FAQ: Tax Planning

    Q. We want to help our 20 year old daughter buy her first flat, but we’re worried about putting such a valuable asset directly in her name. Is there anything we can do to protect the property until she’s a bit older?

  • Insights

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Clearly explained what was being done at every stage

Client

Efficient, effective, friendly and 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

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
Related Services
^
Jargon Buster Related Services