How Can Our Family Law Solicitors Help?
If you are a beneficiary of Trust you may find yourself in circumstances where you are unhappy with the way in which the Trust is being administered by the trustees. Similarly, if you are a Trustee, you may find yourself subject to a claim by dissatisfied beneficiaries.
We can advise both beneficiaries and trustees on a range of disputes, including:
- Claims by or against trustees;
- Removing a trustee
- Disputes between beneficiaries;
- Disputes between trustees;
- Issues regarding the administration of a trust.
Our Dispute Resolution team have experience in acting for both beneficiaries and trustees in relation to Trust disputes. We will aim to identify your goals and the most effective ways of achieving your aims at the outset of your case. We will try to resolve your case without the need for court proceedings wherever possible and we are skilled in all forms of Alternative Dispute Resolution (including mediation).
Success Stories
Asset Protection Trust
A couple using a Will writing company were advised to set-up an Asset Protection Trust that promised to protect their assets from a variety of things such as care-home fees and inheritance tax.
The couple paid over £3,000 for their Wills and trust deeds without ever really understanding what they were being provided with or an explanation of how the trust was supposed to work.
A few years later they came in to see us to update their Will and we identified that their house was now owned by their trustees as it had been put into trust. This meant that they effectively no longer owned their own property and so they couldn’t leave it in their Will as they had wished. To make matters worse, the trust deed was expressed to be irrevocable so they couldn’t simply ‘undo’ the deed and restore the property to their ownership.
The terms of the Will and the trusts deeds actually conflicted with each other, which served to complicate matters even further. The Will company, as unfortunately, can be very common, had gone into liquidation and therefore they were not able to approach them to complain and seek their assistance.
We had to make an application to the high court in Leeds to set aside the trust on the basis that it was created as a result of a mistake. The costs of this application were around £5,000 altogether.
Clients should also be very wary of bold claims that they may be able to avoid care fees etc as this is invariably not correct in the majority of circumstances. Please seek advise before creating one of these trusts.
Discretionary Trust
We represented the beneficiaries of a discretionary trust in resolving a dispute that had arisen between the trustees, which had led to an impasse. The resolution involved the replacement of the trustees with professional trustees.
Resolving a Dispute Between the Trustees
We represented the beneficiaries of a discretionary trust in resolving a dispute that had arisen between the trustees, which had led to an impasse. The resolution involved the replacement of the trustees with professional trustees.
Taking Action Against a Co-Trustee
We assisted a trustee client in taking action against a co-trustee, for breach of the co-trustee’s duties, in circumstances where trust properties had been sold and the proceeds of sale were not accounted for to the trust.
Removal of a Trustee
We acted on behalf of the trustees of a Will trust in defending a claim for breach of their duties and their removal from their roles. We carried out a thorough analysis of the factual evidence and gathered corroborative witness evidence, which resulted in a successful outcome for our clients.
Breach of Trust by the Trustees
We represented the beneficiary of a Will trust in pursuing an action for breach of trust by the trustees, due to their failure to invest the trust capital appropriately. We were successful in securing a settlement, equivalent to the sums that the trust capital would have earned in the event that it had been invested appropriately.
Mis-Sold Property Trust Case Study: How Our Legal Team Reclaimed a Family Home
A couple lost control of their home due to a mis-sold property trust. Learn how our dispute resolution solicitors in Chesterfield and Sheffield successfully reversed the arrangement through the High Court.
How to Make a Will
Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.
The steps cohabiting couples should take when drawing up a will
There’s no denying the huge steps forward seen in creating equality for same-sex couples in the UK during the 21st Century, first with the Civil Partnership Act 2004 and then the Marriage (Same Sex Couples) Act 2013. However, as heterosexual couples have marriage as the only option open to them to make their relationship formal, there have been suggestions of a new inequality having now been created. A legal challenge by mixed-sex couple Rebecca Steinfield and Charles Keidan to be able to enter into a civil partnership instead of a marriage was unsuccessful earlier this year, meaning it’s unlikely the situation will change for heterosexual couples in the near future.
Wills and Planning for the Inevitable
Research just published underlines how ill-prepared most people are in terms of their end of life planning.
The Jones Family: Family Wills Bundle
Wills for everyone in the family can be expensive. Read about our exclusive Family Wills Bundle offer, easily explained by the Jones family, here!
What Happens if I Don't Have a Will?
What’s the worst that could happen if you don’t have a Will? Our expert Wills solicitors have explain what can happen, in simple terms, in our guide.
When should a person’s dying wishes be ignored?
A disputed will has recently been sent to the Court of Appeal to determine whether an estranged daughter is entitled to money from her mother’s estate.
Why Should I Use A Solicitor To Make A Will?
There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...