Contentious Trusts

A trust is a fiduciary relationship which places a third-party trustee between a beneficiary and the assets or property they legally own. Unfortunately, trust disputes following the death of a trustor are far from uncommon.

If the beneficiary feels for any reason that the terms and conditions of the trust are unfair, they may take action against the trustee. The same also applies where beneficiaries believe they have been left significantly less than are entitled to.

For more information on contentious trusts or to discuss your case in more detail, contact a member of the team at Aristone Solicitors anytime.

Why Contentious Trust Disputes Occur

The involvement of what is essentially a ‘middleman’ in a person’s financial affairs can inherently cause complications. This can be particularly true when dealing with bereavement, at a time in life when emotions run high and rational decision-making can be difficult.

Trust disputes can occur for a variety of reasons, launched by beneficiaries, trustees, executors, administrators and even charities. However, the most common reasons for contentious trust disputes occurring in the United Kingdom are as follows:

  • Claims under the Inheritance Act 1975
  • Removal or substitution of trustees or executors
  • Agreements reached under influence or duress
  • The trustor’s inadequate or mental capacity
  • Charity legacy disputes
  • Issues involving alleged breach of duty and personal liability of trustees

It could also simply be that you do not believe that the terms and conditions of the trust represent an accurate reflection of the deceased individual’s wishes. However, you will need to present the required evidence to support your case, in order for your claim to be successful.

Whether you intend to file a dispute over a trust or you need help with a challenge launched against you by a beneficiary, we’re standing by to take your call. Contact a member of the team at Aristone Solicitors anytime for more information.

Resolving Complex Contentious Trust Disputes

Every trust is unique, calling for a bespoke approach to legal support and representation. At Aristone Solicitors, our experience and expertise in the resolution of complex contentious trust disputes are unrivalled.

Importantly, we make every effort to bring even the most challenging disputes to a swift and amicable resolution, without the need for court involvement. However, we strongly suggest taking action at the earliest possible stage, in order to minimise costs and complications as the case progresses.

Three Steps to Trust Dispute Resolution

Our simple yet effective three-step approach to trust dispute resolution takes place as follows:

  • Step One – Investigation. Each case begins with a detailed investigation of the trust and all accompanying documentation. Our skilled solicitors will help you determine the validity and strength of your case.
  • Step Two – Mediation. All parties involved in the dispute will be invited to an informal discussion, in the presence of an impartial mediator. It is usually possible to resolve contentious trust disputes through proactive mediation.
  • Step Three – Courts. Should it be necessary to present your case to the courts, Aristone Solicitors will provide the support and representation you need to ensure a prompt and amicable outcome.

Again, we strongly advise taking action at the earliest possible stage, in order to avoid unnecessary costs and complications.

For more information or to discuss your requirements in more detail, contact a member of the team at Aristone Solicitors anytime.

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