A trust dispute arises when there’s a disagreement about how a trust is set up, managed, or distributed. This could involve concerns about how trustees are handling their duties, suspicions of mismanagement, or conflict between beneficiaries.

Trust disputes can be especially difficult when they involve family trusts or high-value assets. Our role is to guide clients through these situations with a calm, pragmatic approach that protects their interests.

Most trust disputes can be resolved without the need for court proceedings. Options include negotiation, mediation, or settlement offers in writing. If these measures do not bring about a resolution, the court can be asked to intervene to interpret the terms of the trust, enforce a beneficiary’s rights, or remove a trustee.

At Wellers, we aim to resolve matters constructively and cost-effectively wherever possible, but we’re fully equipped to litigate when necessary.

Yes, trusts can be challenged in various ways, for example, if there are concerns about how it was created, whether the person setting it up was unduly influenced, or if the terms are unclear or unfair. You may also be able to challenge the way the trust is being administered.

Every situation is unique, so it’s essential to receive tailored advice early on. We’ll help you understand your rights and your options.

Trustees have a legal duty to act in the best interests of all beneficiaries and to manage the trust responsibly. If a trustee is acting dishonestly, withholding information, or mismanaging trust funds, beneficiaries can apply to the court to intervene. This could include removing the trustee, freezing assets, or seeking compensation.

We frequently act for both trustees and beneficiaries in these types of claims and can advise you on the most proportionate and effective steps to take.

Trustees must remain neutral and act according to the trust deed and the law, even when faced with a dispute. They must provide clear information to beneficiaries and avoid taking sides. If a trustee is also a beneficiary or has a conflict of interest, they must tread particularly carefully.

We can advise trustees on how to protect themselves from personal liability while still fulfilling their obligations.

Yes. The time limits depend on the nature of the claim. For example, a claim for breach of trust is usually subject to a six-year limitation period, though this may be extended if the breach involves fraud or concealment.

Delay can significantly impact your legal position, so it is best to act promptly. If you’re unsure about timing, we’re happy to provide early advice to help you plan the next steps.

Yes, trustees can be removed either by the court or, in some cases, by using powers set out in the trust document. Common reasons for removal include misconduct, lack of capacity, conflict of interest, or failure to properly manage the trust.

We regularly assist clients in applying to remove or replace trustees where appropriate. Our focus is always on achieving a practical outcome that protects the value and integrity of the trust.