Trust Dispute Solicitors
Trusts are meant to protect assets and provide for the people they’re set up to benefit. But disagreements happen; beneficiaries may feel a trustee isn’t acting properly; trustees may face accusations they think are unfair, or family members may want to challenge the Trust itself.
Our Trust dispute solicitors act for beneficiaries, trustees, and family members across all types of Trust disputes, from informal disagreements that can be resolved through negotiation or mediation to formal litigation in court. Whatever stage you’re at, we can help you understand your options and the strength of your position.
Contact our Trust dispute lawyers
If you are facing a dispute about a Trust, call our Contentious Trusts and Probate team on 0117 325 2929 or fill in this form and we will be in touch.
Do you need a solicitor for a trust dispute?
Trust disputes can include any disagreement relating to how a Trust is set up, managed, or assets distributed. This type of dispute can arise from Wills, lifetime Trusts, or business arrangements, and not every disagreement needs a solicitor right away.
However, because Trust disputes often involve significant sums of money or high-value assets, such as properties, and long-standing family relationships, getting the right advice early matters. You should speak to a Trust dispute solicitor if:
- A trustee has refused to explain how the Trust is being managed or won’t share information to which you’re entitled
- You suspect a trustee has mismanaged Trust assets, favoured one beneficiary over another unfairly, or acted outside their powers
- You’ve been excluded from a Trust from which you believe you should benefit
- You’re a trustee facing an accusation of breach of Trust and need to understand your position
- Family members disagree over how a Trust should be interpreted or administered
- You think a Trust, or an amendment to one, was made under undue influence, while the settlor lacked capacity, or without meeting the legal formalities
Our Trust litigation lawyers can assess your situation, explain whether you have grounds to act, and set out the realistic routes forward, whether that’s a straightforward conversation with the trustee or beneficiary, formal negotiation, or court proceedings.
Trust dispute FAQs
Time limits depend on the type of claim. For most breach of Trust claims, the general limitation period under the Limitation Act 1980 is six years from the date of the breach (or when it was discovered). However, there are exceptions, including where a trustee has acted fraudulently or where the claim is to recover Trust property still held by the trustee.
Because these rules vary depending on the facts, it’s important to get legal advice as soon as a concern arises rather than waiting.
Claims for breach of Trust are usually brought by beneficiaries who have a direct interest in how the Trust is managed. This includes:
- Beneficiaries with a current entitlement
- Beneficiaries with a future interest
- In some cases, a new or replacement trustee, claiming against a former trustee
The court, or in some cases the other trustees or beneficiaries, can remove a trustee where there are proper grounds. Common grounds include:
- Breach of Trust or failure to carry out trustee duties
- Conflicts of interest
- Incapacity, for example where a trustee can no longer manage their affairs
- Unreasonable delay or refusal to act
- Breakdown in relations between trustees that prevents the Trust being properly administered
The court’s overriding concern is the welfare of the beneficiaries and the proper administration of the Trust, rather than simply resolving disagreements between trustees.
A Declaration of Trust (also known as a Deed of Trust) is a legal document that confirms the shares someone has in an asset, such as a property. It’s commonly used by cohabiting couples or for beneficiaries who are not on the property’s legal title.
A Declaration of Trust can be challenged on several grounds, including:
- Lack of capacity of the person who made it
- Undue influence or duress at the time it was made
- Failure to meet the formal legal requirements for creating a valid Trust
- Mistake, where the document does not reflect what was intended
- Fraud
Our lawyers resolve most Trust disputes out of court through negotiation and Alternative Dispute Resolution (ADR) methods, such as mediation. This allows all parties to agree on a settlement without the need for drawn-out court proceedings.
Out-of-court settlements for Trust disputes are generally faster and less costly than going to court. They also avoid unnecessary (additional) conflict, which can cause long-term damage to family relationships.
Why choose Barcan and Kirby’s Trust dispute solicitors?
Trust litigation can be complex, and family relationships are often at stake alongside the money. Our specialist Contentious Trusts and Probate team combines technical expertise in Trust law with a practical, straightforward approach, helping clients understand their options and reach the best outcome, whether that’s through negotiation, mediation, or court proceedings.
We’re top-ranked in legal directory Legal 500 and Lexcel accredited by the Law Society, reflecting the strength of our practice and commitment to client care.
In addition to Trust disputes, our expertise includes:
- Will disputes:
- Estate administration disputes
- Removal of the Executor of a Will
- Charity legacy disputes
- Proprietary estoppel claims
- Constructive Trust claims under TOLATA
Contact our Trust dispute solicitors
If a loved one’s Trust is causing a dispute in your family, our specialist team may be able to help. We help clients across the UK from our offices in Bishopston, Bedminster, Bristol city centre, Kingswood and Thornbury.
Call us on 0117 325 2929 or fill out our online enquiry form.