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Talk to Lodders’ Legal Experts
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Our expertise provides much-needed clarity for clients, supported by our highly personal and empathetic approach to client care.
Speak to our expert Anjali Narshi for advice regarding disputed wills & estates today.
Trust dispute solicitors in Stratford upon Avon, Birmingham, Cheltenham and Henley in Arden
Our specialist team of legal experts can help you with trust disputes including the removal of trustees and claiming money from a trust.
Disputes concerning the trustees’ actions
If a trustee is failing in their duties, then a co-trustee or beneficiary can ask them to step down. A trustee who is faced with such a request can agree to step down and appoint another trustee in their place before they do so. However, if they refuse to retire voluntarily then the next step would be to check the trust document for any express powers on how a trustee can be replaced. As long as the steps contained in the trust document are followed, the trustee can be removed and they would not have much reason to object.
However, it the trust document is silent or the other trustees and beneficiaries cannot agree about whether the particular trustee should be removed, then either the other trustees or the beneficiaries can apply to court to have the trustee in question removed. Whilst this is not an application that the court will grant lightly, they may do so if for example, the trustee has:
(a) committed a breach of trust by failing to follow the terms of the trust document;
(b) no longer has capacity to make decisions or;
(c) is conflicted because they have personal interests which conflict with the interests of the trust.
This is not an exhaustive list and each case is determined on its own facts. If you have concerns over how a trustee may be administering an estate, contact us today to see how we can help.
Discretionary trusts and dissatisfied beneficiaries
If a testator has created a discretionary trust in their will, the trustees will have the job of exercising that discretion. This means that they will have much more choice over what they are allowed to do and usually they will be given the power to decide who should benefit under a trust. The testator may have created a separate letter of wishes which sits alongside their will which will indicate their wishes, but the trustees will not be legally bound to follow them if they do not want too.
This situation means that if a trustee decides to select a particular beneficiary over another, who then benefits from the trust, the other beneficiaries will be left feeling disappointed and may even wish to challenge the trustee’s decision.
Beneficiaries of a discretionary trust have limited rights. If you were named as a potential beneficiary under a discretionary trust but the trustees have decided not to include you as one of the beneficiaries whom they want to benefit from the trust, we would need to look closely at the wording of the trust to determine what your rights are. However, in most cases, you would not have an automatic right to receive trust property. The purpose and nature of a discretionary trust is that it leaves the ultimate decision over who should benefit, in the hands of the trustees.
Third party disputes
A trustee may find themselves in a position where they need to make a decision about whether or not pursue or defend litigation on behalf of the trust. Sometimes this is because the beneficiaries of the trust have fallen out but other times it is because a third party either owes money to the trust or is claiming money from it. In these situations, trustees will naturally be concerned about what steps they should or should not take – and whether or not they will be able to recover any of their legal costs.
In such a situation, the trustees can consider making an application to court for directions on what they should do. This is known as an application for a Beddoe Order and helps provide clarity and even protection on what steps they ought to take. If the order is granted, it also provides an indemnity to the trustees for any costs they incur in relation to the litigation, including any adverse costs.
Need more trust dispute advice?
For expert advice, get in touch with us today. Our approach is supportive, friendly and – most importantly – highly effective. When you get in touch with our trust dispute specialists you will receive an initial conversation to see how we can help.
Related to Disputed wills & estates
Our other Dispute Resolution services include:
Disputed wills & estates team
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DISPUTED WILLS FAQS
Questions answered
Not sure that this is the service for you? Take a look at some of our frequently asked questions for more information.
A will is a legal document that expresses what happens to an individuals finances, property and assets after their death.
A will may also include other decisions around important responsibilities, such as childcare.
Failing to prepare a will can mean that officials then need to decide what happens to the deceaseds finances, property, assets, children, etc.
Wills can be challenged as invalid on a variety of grounds, including lack of testamentary capacity, undue influence, improper execution, and fraud.
We can help if our client feels that inadequate financial provision has been made, or if they wish to challenge the statutory provisions that apply when no valid will exists. If a will is wrong, or an estate isn’t administered in the right way, we can sue for professional negligence.
Typically refers to someones net worth. This can comprise of land, property, possessions, finances and other valuable items.
This service can be sought at anytime, and serves as a way for someone to ensure that their wishes are carried out after their death.
In recent years, there have been a number of high-profile contested probate cases. These are due to a combination of factors, from clients who are increasingly aware of their legal rights, to the rise in cohabitation, divorce, and remarriage. Both situations have contributed to an increase in disputes over estates.
From interpreting wills and trusts, to settling disputes between executors and trustees, our specialist private client team can handle the most complicated of matters.
Our services include...
• Interpretation of wills and trust provisions
• Disputes between executors and trustees or with beneficiaries
• Professional negligence in will drafting or the administration of estates
• Removal of executors and trustees
• Ownership and interests in property
• Abuse of powers by attorneys
• Challenges to funding decisions made by the NHS and local authority regarding care home funding arrangement
Within our Private Client department, we have an experienced and dedicated team who can handle even the most complicated of matters. From start to finish, we will offer expert knowledge and experience in this highly specialised and technical field.
Simply click the ‘Get in touch’ button at the top this page or visit our contact page link below.