What is a breach of trust?

A breach of trust may be either a breach of the terms of the trust deed or a breach of the trustees’ obligations including to act in good faith, avoid conflicts of interest, or to maintain proper accounts.

Do all trustees have to agree on trust decisions?

This will depend on the terms of the trust as to whether trustees are required to act individually, unanimously, or by majority.

Does a will override a trust?

A trust is usually a distinct legal entity to a person’s estate and cannot be overridden or amended by a will.

Can a trustee remove a beneficiary?

The class or names of beneficiaries may be able to be amended or changed by the trustees, depending on the powers of the trustees and the terms of the trust deed.

What are the grounds for disputing a will?

Wills may be contested for many reasons including where there are concerns that the deceased: did not have mental capacity to write their will was forced or coerced into preparing their will in particular terms failed to make reasonable provision for their spouse or someone dependent on them financially failed to properly sign their will or it is claimed the will is simply fraudulent.

How long do you have to claim against an estate?

The time you have to contest a will depends on the type of dispute. For will validity issues there is no strict limitation (the time after which the court will not allow a claim to be brought). Other claims do have strict time limits. For example, as claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) must be brought within 6 months of the date of the grant of probate. If you are unsure whether your claim has a time limit, it is always advisable to seek advice from a contested probate specialist lawyer who will be able to assist you.

What happens if there is a dispute between the executors?

Disputes between executors are not uncommon. Where executors cannot agree and it is preventing the administration of the estate, the quickest and most cost-effective way to resolve this is to have one or all of the executors removed and someone else appointed in their place, often an independent professional.

How long do you have to settle an estate?

The time which is reasonable to administer the estate depends on the estate itself. In simple estates the administration may take only a few months. However, if there are complicating factors such as many beneficiaries, complex trust arrangements, foreign assets, high value investments, business or agricultural property or assets, or claims against the estate, administration might reasonably take several years to complete. In most estates the rule of thumb is that administration should be completed within the “executor’s year”, meaning within a year of the date of death.

Who owns the assets in an estate?

The legal title of assets in an estate vests in the personal representatives i.e. the executors until the estate is distributed which may involve the transfer of some or all of the assets to beneficiaries or the sale of assets.

Trust and estate disputes

We recognise that trust and estate disputes can be incredibly difficult and emotionally taxing for the trustees, protectors, settlors, and beneficiaries involved. We’re here to provide support, guide you through the process and ensure your interests are fully represented and protected.

Speak with our experts to explore your options.

Our team offers specialised guidance on a comprehensive array of trust-related issues, which include:

Assisting with claims for the removal of trustees and facilitating the transfer of trusteeship
Addressing breach of trust claims or actions by beneficiaries to assert their rights under the trust
Submitting applications to the court for approvals, as well as for variations, rectifications, constructions, and addressing mistakes
Managing inquiries and correspondence from beneficiaries
Overseeing the administration of trust assets (including will trusts) in contentious circumstances
Handling claims from creditors or third parties against a trust.

You will find answers to common questions around Trust and Estate disputes in the FAQs at the bottom of this page.

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Why choose B P Collins as your trust and estate dispute solicitors?

With 60+ years of experience in contentious wills, trusts and probate, we’re consistently ranked in legal directories such as Chambers HNW and The Legal 500, for the strength of our private wealth disputes practice.

We have successfully achieved settlement on a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.

Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients. Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).

We also work with clients with assets within the UK and internationally and have a strong network of specialised lawyers from other jurisdictions when required. We frequently collaborate with our private client and family colleagues to resolve matters effectively.

Contact our trust and estate dispute solicitors today

If you have concerns about the administration of a trust or an estate, our expert contentious trusts team can advise you in relation to your prospective claims and is committed to delivering clear and effective support for navigating trust-related challenges.

For further information or advice on trust and estate disputes from our experienced trust and estate disputes lawyers, please contact our contested probate lawyers, who are based in London, Thame and Gerrards Cross, on 01753 889995 or email enquiries@bpcollins.co.uk.