Disputes over trusts often arise when beneficiaries are left in the dark or trustees fail to act
properly. If you’re concerned about trustee misconduct, unequal treatment, or a breach of
trust, our solicitors can help you challenge the situation and protect what you’re entitled to.
A trust dispute is a disagreement over how a trust has been created, interpreted, managed, or distributed. Trust disputes commonly involve:
Disputes between trustees and beneficiaries usually arise from concerns about fairness, transparency, or a breach of trust. Beneficiaries may feel excluded or treated unequally.
Trustees, meanwhile, often face conflicting demands. These disputes can escalate quickly without legal advice, especially when trust assets or property are involved.
When co-trustees cannot agree, it can bring the administration of the trust to a standstill.
Common disagreements include how property is sold, how income is distributed, or how decisions are made.
If the conflict harms the trust or its beneficiaries, legal action or trustee removal may be necessary.
Trustee misconduct includes misusing assets, favouring one beneficiary, or ignoring duties under the trust deed.
If a trustee is acting improperly or failing to communicate, it may amount to a breach of trust.
Legal advice can clarify your rights and help resolve the dispute before further damage is done.
A breach of trust occurs when a trustee fails to follow the trust deed or breaches their fiduciary duty to act in good faith.
This may involve misusing funds, favouring certain beneficiaries, failing to invest prudently, causing loss to the trust through incompetence, or withholding information.
Serious breaches can lead to personal liability, removal by the court, or legal action.
Trust disputes often arise when the trust wording is ambiguous or unclear. Trustees and beneficiaries may disagree about how to apply specific clauses, identify beneficiaries, or interpret the settlor’s original intentions.
These disputes require close legal analysis to clarify rights, duties, and avoid costly mistakes. Sometimes, it is necessary to apply to court for a judge to decide how the trust should be interpreted.
A trust may be challenged if it was set up under pressure or the person lacked mental capacity at the time.
These cases often involve vulnerable individuals influenced by carers or family. If proven, the trust can be declared invalid, and the assets returned to the estate.
Trust deeds that are vague, outdated, or poorly drafted often lead to legal disputes. These may involve confusion over trustee powers, conflicting clauses, or unclear beneficiary
entitlements.
We help interpret the trust deed’s meaning and, where necessary, apply to court for guidance or rectification.
Trusts can be varied in certain circumstances, either by court order or agreement between adult beneficiaries.
Variation disputes often involve disagreements about whether changes are lawful, beneficial, or in line with the settlor’s original wishes.
We advise both trustees and beneficiaries on their legal position and next steps.
Disputes over trust property often relate to who can live in it, whether it should be sold, whether the life tenant can move to another property funded by the trust, or how proceeds should be divided.
These disagreements are common when trusts hold family homes. Whether you’re protecting your interest or challenging a sale, early legal advice is essential.
If a trustee refuses to provide accounts, delays distributions, or can’t explain how funds have been used, it may indicate a breach of trust. Beneficiaries are legally entitled to certain information.
We can demand disclosure and take action if trust money has been misused or hidden.
Our contentious probate team can help you understand your chances of successfully disputing a trust.
You may be able to contest a trust if any of the following apply.
Each of these grounds is legally recognised and can form the basis of a successful claim, particularly where financial loss or unfair treatment has occurred:
Yes, under the Trustee Act 1925 and the court’s inherent jurisdiction, trustees can be removed if they act improperly, have conflicts of interest, breach their duties, or obstruct the proper administration of the trust.
The court’s focus is always on protecting beneficiaries and ensuring the trust is properly administered. In cases involving serious misconduct or delay, we’ve acted swiftly to preserve trust assets, and seek the appointment of independent trustees.
Timing can be critical, especially as many trust-related claims, such as breach of trust, are subject to a six-year limitation period under the Limitation Act 1980.
However, in cases involving fraud or where a trustee has profited personally, no time limit may apply. Early advice ensures you don’t miss key deadlines or lose the opportunity to act.
Most trust disputes can be resolved without the need for court proceedings.
Our solicitors will guide you through a structured and proportionate process aimed at achieving a fair outcome, while preserving relationships where possible and protecting the trust’s value.
We offer a range of flexible funding arrangements, including no win no fee agreements, deferred payment options, and fixed fees where appropriate.
If you’re involved in a trust dispute and want clear advice from experienced solicitors, get in touch for a free, confidential consultation.
Awdry Law has 6 offices across Wiltshire and South West, including in Bath, Chippenham, Devizes, Marlborough, Royal Wootton Bassett, and Swindon. We regularly act for clients across England and Wales.
We have a dedicated contentious probate team in Bath who are ready to assist you with any trust or estate dispute.
If you are affected by any of these issues call us today on 01793 853200 or fill out our quick enquiry form below, to arrange a free initial consultation.
Our contentious trust lawyers are experts in handling sensitive disputes arising at difficult times for family and friends.
