Contesting a Trust

Contesting a Trust

Contesting a Trust

The prospect of contesting the contents of a Trust, or bringing a claim against a Trustee, can be understandably daunting. Our contentious probate solicitors can provide specialist legal advice and close personal support to help you through such a difficult time.

At Tinsdills Solicitors, we have established a strong reputation for successfully handling a wide range of legal disputes. When instructed, we will work closely with you, guiding you through the process of contesting a Trust, whether that involves disputing the contents of the Trust or the actions of a Trustee.

We have developed strong negotiation skills which we use to resolve Trust disputes as amicably as possible, while also ensuring you achieve the result you are looking for. However, if court proceedings become necessary, then we can provide representation and advice throughout that process.

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    will writing

    To avoid a Trust being disputed by one of your intended beneficiaries or Trustees, it is essential that you seek expert legal advice when creating such a document. Our Wills, Trusts and Probate solicitors can take you through this process in detail. Find out more here.

    To discuss contesting a Trust with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.

    Our Expertise with Contesting a Trust

    Trusts can be an extremely effective way of ensuring that someone’s assets are protected, provide a guaranteed income for their loved ones and minimise the tax liability on their estate.

    However, they can also be extremely complex documents which can be contested under certain conditions. You may be able to contest a Trust document if there is evidence that:

    • The Trust is vague, unclear or contains mistakes
    • The Trust does not reflect the settlor’s (the person who set up the Trust) wishes
    • The settlor did not have sufficient mental capacity when making the Trust
    • The settlor was unduly influenced
    • The settlor received negligent advice when making the Trust
    • The Trust disguises real legal ownership of the assets
    • The Settlor remains the true owner of the assets
    • The Trust protects assets from creditors, a divorced spouse, or Inheritance Act claims

    Our contentious probate solicitors can guide you through the process of contesting a Trust, ensuring that the assets are protected and are correctly distributed.

    A Trustee will have the responsibility of managing the money or assets that have been set aside in a Trust for a beneficiary. Trustees are obligated to only use the money or assets in the Trust for the beneficiary’s benefit and everything must be done in the best interests of the beneficiary.

    If you believe that a Trust is being mismanaged by a Trustee, it may be possible to bring forward a claim against them. This includes where:

    • A Trustee commits a negligent or fraudulent breach
    • A Trustee ignores a breach by another co-Trustee
    • A Trustee does not administer the estate effectively
    • A Trustee is not acting in the best interests of the beneficiary

    We can support you in making a claim against a Trustee, ensuring that you are able to build an effective case that demonstrates where they have fallen short in their role.

    If you are a Trustee who is facing a claim from a beneficiary, or anyone else with an interest in the Trust, you will need tailored legal advice and support.

    Our contentious probate solicitors can represent you and act in your defence if you are facing a challenge as a Trustee. Reviewing the evidence at hand and laying out the facts, we will work alongside you to demonstrate that you have upheld your duties as a Trustee and have not breached any of the terms of the Trust.

    Meet our Dedicated Contested Trust Team

    Get in Touch With our Contested Trust Solicitors Today

    Do you want to discuss contesting a Trust? We have experience in these areas and more.

    With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.

    To arrange an appointment with one of our contentious probate solicitors in
    Newcastle-Under-Lyme, or Sandbach
    please call 01782 652300 or use the enquiry form on the right hand side of the page.

    Contested Trust FAQs

    Generally, the beneficiaries of a Trust will launch a claim. However, anyone who has an interest in the Trust may be able to make a claim, which could include:

    • A Trustee
    • A spouse in a divorce
    • Third parties, such as creditors

    The exact time it takes to contest a Trust will depend heavily on various factors. This includes the reason for the challenge, the evidence that needs to be gathered and whether it is possible to come to an agreement without the need for court intervention.

    Many Trusts include what is known as a ‘No Contest’ or ‘Forfeiture’ clause. These clauses mean that you will forfeit your interest in a Trust if you put forward a challenge and lose.

    You will not forfeit anything if you make a challenge and it is successful.

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