Trust disputes

Whether you’re a beneficiary or a trustee, our solicitors can assist you in resolving trust disputes. We can help you navigate often complex rules and duties, whilst achieving the best outcome for you.

Trust disputes arise for many reasons and can be costly and time consuming, paralysing the smooth running of the trust until resolved.

Where they do arise, it is important that they are resolved quickly before irreversible harm is done to the trust and its assets.

Common causes of a dispute include:

Disputes as to entitlement to information
Negligent or fraudulent breach of trust by the trustees
Failure by the trustee to administer the trust effectively or efficiently
Mistakes or vagueness/uncertainty in the trust document
The person who set up the trust lacked mental capacity, was unduly influenced or received negligent legal/tax advice
The trust documents do not reflect the settlor’s wishes
Beneficiaries seeking the removal of a trustee
Trustee using funds for their own benefit
Beneficiaries believing they haven’t received their entitlement

If you are a beneficiary or trustee of a trust which is currently subject to a dispute, please contact our team to find out how they can help you.

Removing executors and trustees

Inadequate performance by executors or trustees can have damaging effects on the interests of beneficiaries. If you’re dissatisfied with an executor or trustee, you may want to consider requesting their removal.

In the simplest of cases, the executors/trustees will agree to stand aside and be replaced by an alternative candidate. Often, we can put your position forward in robust enough terms that an agreement can be reached between the parties.

However, if this option is unavailable, an application must be made to court to request removal. The court will take into account a number of factors, including the conduct of the beneficiaries as well as the executor/trustee. Mere feelings of distrust or friction between parties won’t be sufficient to secure removal.

Our solicitors have extensive experience in dealing with the removal of executors and trustees. If you’re concerned over the performance of an executor or trustee, our team can help.

Get in touch

Our team of legal experts are here to support you.
Contact one of our lawyers today.

Our experience

Here are just some examples of our recent work in this area:

Involved in Burns v Burns, a significant Court of Appeal case that considered the capacity, knowledge and approval of an elderly testator
Recovered a large sum of money for a widow who was left very little by her late husband
Successfully advised in Kennedy v Kennedy, a landmark case applying new law on equitable mistake
Protected a major musical education charity’s position as beneficiary in a substantial Inheritance Act claim
Helped the executors of an extremely valuable estate interpret a handwritten home-made will
Supported a Cambridge college in a dispute with the deceased’s partner over a multi-jurisdictional £3m estate

Did you know?

Record-breaking

Nearly all of our work is confidential but last year we helped a record number of clients resolve their disputes.

Nationwide

We have specialist solicitors across multiple offices, from London to Norwich to Manchester.

Legal directories

The team is proud to be top rated in the legal directories across large parts of the country.

Our expertise

Agricultural inheritance disputes

Contesting the validity of a will

Contentious landed estates

Contentious probate

Defending an estate

Estate, trust and will disputes

Disputes concerning charities

Gifts and financial abuse

Proprietary estoppel

What our clients say about us

Dealing with complex matters but simplifying them so the client can understand is a key strength of Mills & Reeve.
Chambers UK
I am consistently impressed by the quality, intelligence and knowledge of fee-earners and the courteous, professional and civilised manner in which even highly contentious matters are conducted. Highly recommended.
Legal 500
Mills & Reeve is really efficient in their use of resources. I rate them on complex matters too, especially technical issues and urgent matters. The team is top of the game.
Chambers UK
Excellent quality across the board and across offices nationwide.
Legal 500

Meet our estate, trust and will disputes team

Lucinda Brown
Partner
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David Catchpole
Partner
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Lucy Howard (Partner)
Partner
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Simon Pedley
Partner
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Frequently asked questions

What is a trustee?

A trustee can be either an individual or organisation tasked with managing assets or property for the benefit of another party in accordance with a trust document.

Trustees are subject to the duties under the trust document and also fiduciary duties – meaning they must act in the best interests of those the beneficiaries.

What is a beneficiary?

A beneficiary can be either an individual or organisation entitled to benefit from the assets or property under the trust/will.

What are the responsibilities of a trustee?

There are a number of trustee responsibilities which must be followed, including fiduciary duties. If these duties are not met by a trustee, there can be serious consequences for them, particularly in relation to the specific fiduciary duties, such as the duty of good faith.

In the event of a breach of trust, an action can be pursued against the trustee to recover any losses stemming from their breach. Additionally, the beneficiaries or the other trustees may take steps to remove them, for example by an application to the Court.

Examples of trustee duties include:

Duty to obey the trust document
Duty to act impartially between beneficiaries
Duty to invest in authorised investments
Duty of care and skill
Duty to keep beneficiaries informed
Duty not to benefit from their position as trustee

Can trustees be removed due to a breach?

Beneficiaries can direct trustees to retire in certain circumstances. However, if this isn’t available, an application to the court will be required.

How do I make a claim for removal of an executor or trustee?

Where you suspect that an executor or trustee is not performing their duties correctly, the first step is to write to them and request an account of the administration of the estate/trust.

In order to make an application to the court, a claim form must be issued along with any supporting witness evidence and evidence of the suitability and willingness of the proposed replacement. A draft of the order sought must also be issued.

What information am I entitled to as a beneficiary of a trust?

As a beneficiary, you're entitled to request certain information from the trustees. Ordinarily a beneficiary is entitled to know that they are a beneficiary in the first place and to see the trust document plus annual trust accounts on request.

You have no absolute right to see any further documents although the position will vary depending on the complexity and value of the trust, whether there is a dispute and the individual circumstances. Some trustees will make disclosure of documentation to beneficiaries quite readily whereas others will be more resistant.

If in doubt what you're entitled to see, seek expert advice.

What if the trust contains a ‘no-contest’ clause?

Where a ‘no-contest clause is included in the trust and you lose your legal challenge, you will forfeit your interest in the trust.

However, if you make a successful challenge, you will not forfeit your interest.

What is the cost of making a court application for removal?

The court has significant discretion in dealing with the issue of costs. They may order that the costs are payable by the person being removed, the person making the application or even the estate/trust itself. Where the applicant is unsuccessful in their application, they may well be liable for the costs incurred by the executor/trustee in defending the claim.

Consideration must be given to the fact that the application could cause significant delays to the administration of the estate/trust and the potential effect this could have on its value.