Trust Disputes
Disputed Trusts Lawyers
Trusts Disputes can place enormous strain on families, beneficiaries, and trustees alike. Often arising from breakdowns in communication, disagreements over the interpretation of a trust deed, or concerns about how the trust is being managed, these conflicts can be complex, stressful, and highly personal.
At Lupton Fawcett, our specialist Trust Dispute Solicitors can advise beneficiaries and trustees cross Yorkshire and throughout England and Wales. With offices in Leeds, Sheffield, and York, we are known for our calm, strategic advice, and our ability to resolve even the most entrenched Trust Disputes with clarity, focus and discretion.
We understand that these cases are often emotionally and financially significant. Whether you are a beneficiary concerned about mismanagement of a trust, a trustee facing accusations, or someone involved in a disagreement over the terms or validity of a Trust, we are here to protect your interests and guide you towards the best resolution.
Call us today on 0113 280 2283 or fill in the enquiry form below to speak to one of our dedicated Trust Disputes Solicitors.
Why choose Lupton Fawcett?
Lupton Fawcett is a leading law firm in the field of trust and estate litigation. With one of the most experienced contentious private client teams in Yorkshire, we are trusted by clients across England and Wales to advise on all forms of trust-related conflicts.
Our solicitors are experts in the law relating to trusts and are experienced in handling both high-value and emotionally charged disputes. The team includes members of Association for Contentious Trust and Probate Solicitors (ACTAPS) solicitors. We are highly regarded for our decisive, practical, and empathetic approach to complex cases.
Whether you are dealing with a dispute about a family trust, a breakdown in trustee relationships or a claim involving a breach of fiduciary duty, our team has the knowledge, resources, and determination to support you.
“Sam (Hirst) represented me and my family in connection with some issues with my late fathers estate. We found Sam to be a good listener and could rely on her to come up with solutions to resolve the issues we faced, she was professional and reassuring at all times. Sam made a very hard time much easier to deal with and I would recommend her to anyone in a similar situation.”
“From my very first contact with Kate she was personable, warm and reassuring whilst being completely professional. She was a very safe pair of hands in extremely choppy waters. The experience was profoundly challenging and I needed the knowledgeable support from Kate which I received unfalteringly always with empathy and humanity. I highly recommend her.”
“I strongly recommend and can provide references to anyone thinking of hiring Sam (Hirst) to help navigate a probate / family dispute. She is calm, expert and always on point. She is a complete star of a solicitor and I cannot recommend her more highly. Very satisfied clients”
“I have known Kate Saunders who worked with IDR Law, for 5 years after my late husband passed away. Even though she is now with Lupton Fawcett, I followed her to her new company. She is not just a lawyer, she educated me about litigation law and really made sure she understood my difficult situation. Kate is very helpful and has a kind heart. Kate has a very high level of expertise and lots of experience. So wherever Kate is, I will always follow her.”
“I highly recommend Sam (Hirst) for conduct of family inheritance / property disputes. We would have been lost without her calm and wise manner. It is obvious from the get go that she is used to dealing with contested matters between relatives. Sam’s expertise and practical approach was both reassuring and effective to achieve the resolution that was in the best interests of everyone. She was also 100% accurate with her costs estimate! Very happy client, thank you Sam!”
“Kate is efficient, pragmatic and sensitive to the needs of her clients and the idiosyncrasies of opponents. It is the perfect combination for contentious trusts and probate work. She is exceedingly warm and friendly. This not only makes her easy to work with in a team, but frequently disarms opponents and leads to achieving great results for her clients.”
“Sam (Hirst) is one of the best probate dispute lawyers I have ever come across. Sam’s ability to calmly stride through complex legal and family issues – is a rare talent. She is also responsive, caring and cost aware at all time. A superb mix and I was very lucky to find her for my client.”
“I can confidently recommend Kate Saunders for dealing with litigation in trust disputes. She assisted me in my claim against a fellow trustee for not co-operating in administering the Trust. Kate’s expertise enabled an efficient conclusion with the Court. Kate has a sharp mind and was able to clearly establish the lagal principles and advise on the best course of action to obtain the outcome I needed.”
What is a Trust Dispute?
A Trust Dispute arises when there is a disagreement about how a trust is created, interpreted, or administered. These disputes can occur between beneficiaries, between trustees, or between trustees and beneficiaries, and often involve allegations of mismanagement, breach of duty, or unfair treatment.
Trusts are legal arrangements that involve one or more individuals and/or professionals (trustees) managing assets for the benefit of others (beneficiaries). When the responsibilities of the trustees are not carried out correctly or beneficiaries feel they have been treated unfairly, legal intervention may be necessary to resolve matters.
Common Trust Dispute Scenarios
Trust Disputes come in many forms and may involve a range of complex issues. Some of the most frequent disputes we advise on include:
Whatever the situation, we take the time to understand the full background to your case and provide a tailored strategy that considers both legal outcomes and the wider implications for everyone involved.
How we help resolve Trust Disputes
Our priority is to resolve Trust Disputes efficiently, with minimal disruption and maximum clarity. At the outset, we provide a full assessment of your case, including its strengths and any potential risks, and an estimate on the costs of your dispute so you know exactly where you stand.
Trust Dispute Mediation
Not all trust disputes will require a Court hearing to resolve the issue. We aim to resolve disputes by exploring the alternatives available to keep costs to a minimum. This is done through communication, negotiation and, where appropriate, mediation. These methods often achieve quicker, less costly results while allowing parties to retain a degree of control over the outcome.
Court Representation
If a negotiated solution cannot be reached, we are fully prepared to take matters to court. We have successfully represented trustees, beneficiaries and third parties at Court . Whether the case involves allegations of misconduct, the removal of trustees or applications for directions, we offer clear, robust, and focused representation.
Every step of the way, our team will provide straightforward advice and ensure that your objectives remain our focus. We will work with you to find the most effective route to resolution, whether that is inside or outside the courtroom.
Frequently Asked Questions about Trust Disputes
If you are a beneficiary and believe that a trustee is not acting properly, you may be entitled to challenge their actions. This could include mismanagement, failing to provide information or acting in their own interests rather than yours.
Yes, if a trustee is not acting in the best interests of the trust or the beneficiaries, it may be possible to remove them through court proceedings if necessary. We can advise you on the grounds for removal and the process involved.
Trustees are legally obligated to act in the best interests of the beneficiaries and to manage the trust in accordance with the terms set out by the settlor (person who created the trust). Key duties include acting impartially, keeping proper records, avoiding conflicts of interest, investing assets prudently, and distributing assets as directed by the trust deed.
The settlor is the person who creates the trust and transfers assets into it. Their main responsibilities include clearly setting out the terms of the trust, choosing appropriate trustees, and making sure the trust is legally valid. Once the trust is established, the settlor usually has no further control unless they reserve an interest in the trust assets. If that’s the case this will be clearly set out in the trust deed.
While beneficiaries do not have management duties, they are entitled to receive a distribution of funds or assets in the trust terms. With trusts where distribution is at the discretion of the trustees, their rights are to be considered for the purposes of the distribution of the trust. They are also entitled to be kept informed about the management of the trust from the trustees. They can request information about the trust and, if necessary, challenge trustees who fail to meet their obligations.
No, some trusts will give a beneficiary a right to assets in full once a condition is achieved (e.g. attaining the age of 21) or receiving an asset outright on someone else’s death or another event happening. There are other types of trust where the trustees have absolute discretion to decide who benefits from the trust and when. With these types of trusts beneficiaries, although named, are not entitled to benefit unless the trustees decide they should receive funds. As it can be difficult to understand the distinct types of trusts, legal advice on your position as a beneficiary or trustee is always recommended.
If you are named as a beneficiary, you are entitled to understand the nature of your interest, and the terms of the trust. Trustees should provide you with key documents, such as the trust deed, and financial information about the trust assets. In addition, trustees should keep beneficiaries informed when a distribution from the trust is to be made. You also have the right to raise concerns if you believe the trust is not being administered properly.
Offshore Trusts require specialist advice due to involvement of other jurisdictions, and the complications and legalities of offshore assets. . We can assess and advise you on the best forum and legal approach.
If you are a trustee or beneficiary facing a claim, it is important to act quickly. The first step is to gather all relevant documentation and obtain clear legal advice. We will assess the claim against you, help you prepare a reasoned response, and guide you through the process, whether through negotiation, mediation, or formal court proceedings.
There are time limits that apply to certain claims involving Trusts, especially those related to breach of trust or recovery of trust assets. It is important to seek legal advice as soon as possible to avoid missing important deadlines.
Contact our Trust Dispute Solicitors today
If you are facing a dispute over a trust, speaking to a specialist solicitor at an early stage can make a significant difference. At Lupton Fawcett, our experienced Trust Dispute Solicitors are ready to provide the clear, strategic advice you need to resolve your matter.
We are based in Leeds, Sheffield, and York, and regularly act for clients across Yorkshire. Our expertise makes use the leading Trust Dispute solicitors in Bradford, Doncaster, & Hull.
We represent national and international clients. Whether you are a trustee, a beneficiary, or a concerned family member, we offer professional support with compassion and expertise right across England & Wales, with a track-record of resolving complex Trust Disputes in Manchester, Nottingham, Birmingham & London.
To arrange a confidential consultation, call 0113 280 2283, email us, or complete the enquiry form below. We will respond promptly and are here to help.
“Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”
The Legal 500