Contesting a Trust
Our expertise with contested probate matters also includes the following:
- Contesting a Will
- Challenging an executor or administrator of an estate
- Disputes over estates where there is no Will (intestacy)
- Disputes between executors, trustees or beneficiaries
- Disputes over the ownership of property
- Inheritance Act claims (claiming financial provision under the Inheritance (Provision for Family and Dependants) Act 1975)
- Proprietary Estoppel claims
- Disputes over deathbed gifts
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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 its contents 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, we can provide representation and advice throughout that process.
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 thoroughly take you through this process. 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
Our Expertise with Contesting a Trust
Contesting a Trust Document
Trusts can be an extremely effective way of protecting someone’s assets, providing a guaranteed income for their loved ones, and minimising 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 contesting a Trust, ensuring that the assets are protected and correctly distributed.
Contesting a Trustee
A Trustee will manage the money or assets 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 beneficiary’s best interests.
If you believe that a Trustee is mismanaging a Trust, 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.
Defending a Contested Trust
If you are a Trustee 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.
Contested Trust FAQs
Who Can Contest a Trust?
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
How Long Does It Take to Contest a Trust?
The exact time it takes to contest a Trust will depend heavily on various factors. These include the reason for the challenge, the evidence that needs to be gathered, and whether it is possible to reach an agreement without the need for court intervention.
What is a ‘No Contest’ or ‘Forfeiture’ Clause?
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.
Why Tinsdills is the legal team for you
Ranked top 10 out of more than 11,500 solicitor firms in the UK.
Would recommend to friends and family
Satisfied with outcome of matter
Meet The 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 guide you through every step of the process, you can rest assured that we will give you the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in
If you need to reach Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call