Resolving Disputed Trusts with Expert Guidance
Trusts can be powerful tools for protecting family wealth, supporting vulnerable relatives, and planning for future generations. However, they can also create conflict. Trust disputes often arise when trustees, beneficiaries, or family members disagree on how the trust is being managed, how trust assets are distributed, or whether trustees are acting in the best interests of the beneficiaries.
At Vault Private Client, our team of trust dispute solicitors provides clear and practical advice on all types of trust disputes. Whether you are a trustee facing allegations, a beneficiary seeking access to information, or a family member concerned about undue influence, we help you understand your rights and the best way forward.
Common Causes of Trust Disputes
Disagreements about trusts can take many forms, from minor misunderstandings to complex litigation. Typical issues we advise on include:
- Allegations of breach of trust or failing to act in the best interests of beneficiaries.
- Disputes between executors or trustees over how to administer the trust document.
- Beneficiaries being denied information or access to trust funds.
- Concerns over trustee remuneration, expenses, or potential conflict of interest.
- Disputes about the validity or interpretation of the trust deed.
- Allegations of fraud, undue influence, or lack of mental capacity when the trust was created.
- Applications to remove or replace a trustee through court proceedings.
Because trustees and beneficiaries often have competing interests, these disputes can quickly escalate. That’s why seeking legal advice early is essential.
How Our Team Can Help with Trust Litigation
When faced with a contentious trust matter, our role is to protect your position and guide you through your options. We aim to resolve disputes efficiently and cost-effectively, minimising the emotional strain.
- Dispute resolution: Wherever possible, we use negotiation or mediation to resolve matters without resorting to the courts.
- Litigation support: If necessary, we provide robust representation in the High Court, acting as your dedicated trust litigation attorney.
- Practical guidance: We advise trustees on how to act within their legal powers and duties, reducing the risk of future challenges.
- Beneficiary support: If you are a beneficiary concerned about unfair treatment or the misuse of trust assets, we will help you bring a claim and secure your rights.
Every trust dispute is unique. Our team combines technical legal expertise with sensitivity, ensuring you feel supported throughout the process.
FREQUENTLY ASKED QUESTIONS.
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1. What is a trust dispute?A trust dispute occurs when trustees, beneficiaries, or other interested parties disagree about how a trust is managed or whether it has been set up correctly. Disputes may involve the distribution of trust assets, trustee duties, or the validity of the trust document.
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2. Who can bring a claim in a trust dispute?Claims can be brought by trustees, beneficiaries, or other parties with a financial interest in the trust. For example, a beneficiary may challenge the trustee’s decisions, or a trustee may seek court approval to resolve disagreements with co-trustees.
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3. Can a trust dispute be resolved without going to court?Yes. Many disputes are resolved through alternative dispute resolution methods, such as mediation or negotiation. Court proceedings are usually a last resort when parties cannot reach agreement.
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4. What happens if a trustee breaches their duties?Trustees have a duty to act in the best interests of the beneficiaries and manage the trust prudently. If they fail in these obligations, they may face personal liability, removal as trustee, or a claim for compensation.
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5. What is the role of a trust litigation attorney?A trust litigation attorney (or solicitor) provides legal advice and representation in disputed trusts. They help assess the merits of a claim, negotiate settlements, and if necessary, represent clients in the High Court.
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6. How long do I have to bring a claim?Time limits vary depending on the nature of the claim. In many cases, the sooner you seek legal advice, the stronger your position will be. Delays can limit your options and increase the risk of higher legal costs.
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7. Can a trust be challenged for undue influence or lack of capacity?Yes. If it can be shown that the settlor did not have the mental capacity to create the trust, or was subject to undue influence at the time, the trust may be declared invalid.
THE BEST IN THE BUSINESS.
Our contentious probate and trust team are recognised specialists in navigating complex, high-stakes disputes. We bring together legal precision with a pragmatic, empathetic approach — ensuring every client receives trusted advice tailored to their circumstances.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Matt Fleetwood
Group Chief Executive & Founder
Mark Dawson
Group Managing Director
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
If you are involved in a trust dispute — as a trustee, beneficiary, or family member — you don’t need to face it alone.
Contact our experienced solicitors today for a confidential discussion and clear guidance on your next steps.
“Russ is very knowledgeable on all matters relating to private clients and provides the service in a personable way.”
PROBATE CLIENT
