Trust Disputes

Trust disputes can involve significant assets, complex legal issues and sensitive family dynamics. Whether you are a beneficiary concerned about how a trust is being managed, or a trustee facing challenges to your decisions, specialist advice is essential.

Our specialist team provide strategic advice at every stage, from early dispute resolution through to Court proceedings where necessary. Where possible we seek to resolve disputes efficiently through negotiation or mediation.

For a detailed explanation of how trust disputes arise and the legal principles involved, see our guide to trust disputes.

Our Trust Disputes Expertise

We advise on disputes involving the administration, management and distribution of trust assets, including:

• Breach of trust claims

• Challenges to trustee decisions

• Applications to remove or replace trustees

• Disputes between trustees and beneficiaries

• Trust administration disputes

• Interpretation of trust documents and letters of wishes

• Disputes involving family trusts and discretionary trusts

Our team handles complex and high-value disputes, including matters involving multiple beneficiaries, family conflict and competing claims.

Will Trust Disputes

Trusts created under a will can give rise to disputes after the estate has been administered and the trust comes into effect. These disputes often involve disagreements about how trustees are managing trust assets, how discretionary decisions are being made, or whether beneficiaries are receiving the information they are entitled to.

Our team advise both beneficiaries and trustees in disputes involving will trusts, including challenges to trustee decisions, breach of trust claims and applications to remove or replace trustees.

Acting for Beneficiaries

Beneficiaries may seek advice where there are concerns about how a trust is being managed or how decisions are being made.

We advise beneficiaries on:

• Investigating potential claims against trustees

• Obtaining trust information and accounts

• Challenging trustee decisions

• Bringing claims for breach of trust

• Applications to replace trustees

We can assist by protecting beneficiaries’ interests and ensuring trusts are administered properly.

Acting for Trustees

Trustees can face challenges from beneficiaries or disputes with co-trustees, even where they have acted properly and in good faith.

We advise trustees on:

• Responding to allegations of breach of trust

• Managing disputes between trustees and beneficiaries

• Defending claims relating to trust administration

• Seeking court directions in complex situations

Our role is to help trustees navigate disputes while ensuring their legal duties are fulfilled and their position is protected.

Strategic Resolution of Trust Disputes

Trust disputes often involve significant financial and personal stakes. Our lawyers take a strategic and pragmatic approach, focusing on resolving disputes efficiently while protecting our clients’ interests.

This may involve:

• Negotiation between the parties

• Mediation or other forms of alternative dispute resolution

• Court proceedings where required

Early legal advice can often help prevent disputes escalating unnecessarily.

Speak to Us

If you are involved in a dispute relating to a trust, obtaining early specialist advice can make a significant difference.

Our experienced team advises clients across a wide range of contentious trust matters and can help you understand your options and the best way forward.