Trust disputes

We provide specialist services to both trustees and beneficiaries in all aspects of trust disputes, including:

  • Advising trustees and beneficiaries in breach of trust actions arising out of:
    • the self dealing of trust assets;
    • trustee's failure to properly invest funds.
  • Bringing and defending applications for the removal of trustees.
  • Advising in respect of wholesale attacks of trusts.

Work experience/case studies:

  • Acting for a trustee of a family trust fund in a dispute arising out of a multi-million pound offer to buy the shares held by the trust in the family company in the face of opposition from a co-trustee who wanted to retain the shares.
  • Advising a minor beneficiary in an action by a Trustee in Bankruptcy of the settlor of the trust. The claim involved an attack against the trust and trustees on the basis that the trust was a sham and the purpose of the settlor was to put assets beyond the reach of his creditors.
  • Defending a trustee against a claim by a beneficiary of a will trust on the basis that the trustee had failed to properly invest the trust fund in appropriate and authorised investments.
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Michelle Rose
Partner and Head of Private Client Team
Email:  
0117 314 5246

Online literature

Will service pdf
We provide a 'postal Will', an 'on line' service, and a more traditional service where clients are able to come into the office to discuss their requirements.

Spotlight on family trusts pdf
A brief summary of the different types of trust that we are able to provide, their uses and benefits.

Deeds of Variation pdf
The use of Deeds of Variation to provide better outcomes after someone has died, whether the aim is to save inheritance tax or to achieve an alternative distribution of the estate assets.

The use of Discretionary Trusts in inheritance tax planning pdf
A summary of the ever popular nil rate band discretionary trust, and how these can, in many instances, save a family well over £100,000 in tax.

Family business pdf
Describes different ways of protecting the family business from Inheritance Tax, marital breakdown etc and the numerous ways in which the business can be smoothly passed from one generation of the family to the next.

Inheritance Act claims pdf
Facing or making claims under the Inheritance (Provision for Family and Dependants) Act 1975. We have extensive experience of both bringing claims and defending against them.

Exemptions from Inheritance Tax pdf
Provides a brief summary of the mains exemptions from inheritance tax.