Trust Dispute Solicitors

Trusts are often an effective way of providing for loved ones while protecting assets and ensuring money is spent wisely. Nevertheless, a disagreement may occasionally arise between trustees, beneficiaries or both. Involving experienced trust dispute solicitors early on will give you the best chance of resolving matters before the situation escalates.

At David W Harris, our trust law solicitors have a sound understanding of this complex area and a high level of expertise in dealing with contentious trust matters. Whether you are thinking of contesting a trust or you are a trustee tasked with protecting the trust funds, we can provide specialist advice and representation.

Discuss your requirements with our trust dispute solicitors in Swansea, Pontypridd and Talbot Green

Contact our solicitors in Swansea, Pontypridd and Talbot Green for a free initial consultation, email us at info@dwharris.co.uk, or use our contact form to request a call-back.

Our trust dispute services

Disputes between trustees, beneficiaries or both

Administering a trust can be challenging, especially when trustees disagree on a particular course of action, such as how to invest funds or when to pay beneficiaries. These disagreements can strain relationships.Beneficiaries may also disagree with trustees' actions and want to challenge them. Our trust dispute lawyers can step in to try to find an amicable solution without the need for litigation wherever possible.

Issues around the administration of a trust

If trustees fail to deal with the administration of a trust, it is important to seek help before issues escalate further. It may be that help or advice regarding the administration is all that is needed. Alternatively, if there is a serious trust administration problem, we can advise on the best strategy for safeguarding funds and improving the management of the funds.

Concern about the conduct of a trustee

Trustees have a range of duties, including:

Complying with the terms of the trust deed or Will, if the trust was set up in a Will
To deal impartially with beneficiaries
To keep accurate records, comply with filing and tax requirements and prepare trust accounts
To provide information to the beneficiaries, such as trust accounts
To act in the best interests of the trust at all times
To act unanimously unless the trust deed or Will states otherwise

If you have concerns about a trustee’s conduct, we can discuss your options and potential solutions. In some cases, this may involve removing a trustee if they have breached their duties or exceeded their authority under the trust deed or Will.

Claims against trustees

In some cases, a claim against a trustee may be necessary to recover trust property or seek damages for loss caused by trustee negligence.

We can advise you of the strength of your position and discuss the best strategy for recovering funds or dealing with negligence by a trustee.

Disputes around the interpretation of trust documentation

Trust deeds and Wills can be complex, and if they have not been clearly drafted or contain ambiguities, disagreements may arise. Family members may have differing opinions about what the trust's creator, known as the settlor, intended with their documentation.

We can provide advice and guidance and, where necessary, obtain an expert opinion on the trust documentation. Matters can often be resolved through negotiation, but if necessary, we can ask the court to make a ruling. It is always recommended that issues relating to interpretation are resolved early on to prevent further complications.

Queries regarding assets or finances

Queries about the complexities of trust finances can often be resolved by the intervention of trust law solicitors, who can identify irregularities and advise on the right course of action. Where misconduct occurs, we can advise you on the best course of action, such as removing a trustee.

Family trust disputes, including inheritance disputes between siblings

If you are involved in a family trust dispute, it is always recommended that you seek help from specialist trust disputes solicitors as soon as possible before relationships are irreparably harmed. A family disagreement is generally the last thing the settlor would have wanted.

Our trusts experts are often able to resolve trust disagreements without the need for litigation. We can negotiate on your behalf and, where necessary, recommend alternative dispute resolution such as mediation.

Types of trust disputes

Disputes involving trusts, trustees, beneficiaries and trust funds can arise in many situations. Common types of trust disputes we deal with include:

Trustee negligence
Breach of trust by a trustee
Trustee fraud
Trust mismanagement
Failures in trust administration
Disputes over actions taken by trustees
Disputes between trustees or trustees who are unable to agree
Challenging a trust because of concerns over the mental capacity of the settlor

Frequently asked questions about trust disputes

What is a trust dispute?

A trust dispute is a disagreement over any aspect of a trust. This could be whether the trust is valid, the conduct of the trustees, the trust administration or the way in which trust funds are allocated to the beneficiaries.

What is an example of a trust dispute?

Examples of trust disputes include:

A beneficiary requests trust funds for a specific purpose, but the trustees refuse to provide them
A trustee has benefitted personally from a certain action they have carried out as a trustee. For example, they have rented out a trust property to a relative for a below-market rent
The trustees have failed to provide information about the trust to the beneficiaries
A trustee has used trust funds as if they were their own
The trustees have not acted impartially and dealt with all beneficiaries fairly

Can you remove a trustee?

Trustees can be removed in certain situations. The trust deed or Will may include provisions for removing a trustee.

The Trustee Act 1925 authorises the court to remove and replace a trustee in the following circumstances:

A trustee does not have the capacity to carry out their duties
A trustee is bankrupt
A trustee is a corporation and is in liquidation or has been dissolved

The court also has the discretion to remove a trustee who has breached their duties to the trust. In making a decision, the judge will look at:

The proper administration of the trust and the welfare of the beneficiaries
The wishes of the settlor or (under a Will) the testator
The wishes of the beneficiaries, where relevant
Whether it is impractical or impossible for the trustee to carry out the trust administration
The cost of replacing a trustee, taking into account the size of the trust and the work involved

In cases of serious wrongdoing, the courts are usually prepared to remove trustees. If the dispute has arisen because the parties involved do not get along, the court may be reluctant to intervene. A trust dispute solicitor can advise on the best course of action and take steps to resolve matters without resorting to lengthy or costly trust litigation, whenever possible.

For more information on our services, see our contentious probate and inheritance disputes page.