Contentious Private Wealth

Trust Disputes

Our trust disputes practice advises trustees, beneficiaries, protectors, settlors and family offices on disputes concerning the validity, administration and enforcement of trusts, both domestic and offshore.

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Thomas Klemme

Partner

Contentious Private Wealth

Key Contact

Trust Disputes

Our Trust Dispute Services

Our work includes:

Removal and replacement of trustees

Acting for beneficiaries or co-trustees in applications to remove a trustee, whether under the court's statutory powers or its inherent jurisdiction, under which the court's main guide is the welfare of the beneficiaries and the sound administration of the trust, not simply whether the trustee has been at fault, including cases involving a serious breakdown in the relationship between trustee and beneficiaries.

Breach of trust claims

Bringing and defending claims where a trustee is alleged to have failed in their duties, misapplied trust assets, profited improperly from their position, or engaged in self-dealing, and advising on the recovery of losses from a defaulting trustee.

Accounts and disclosure

Acting for beneficiaries seeking disclosure of trust documents and an account of a trustee's dealings with trust property, and for trustees resisting inappropriate or premature disclosure requests.

Validity and construction disputes

Challenges to the validity of a trust or a deed of appointment or variation, including on grounds of mistake or want of capacity, and disputes over the correct interpretation of trust terms.

Blessing and directions applications

Advising trustees seeking the court's blessing for a significant or controversial decision, or seeking directions where trustees are unable or unwilling to exercise a discretion themselves.

Family and beneficiary disputes

Advising on disputes between beneficiaries, or between beneficiaries and trustees, over distributions, the exercise of discretion, and the underlying purpose of family trust structures.

Cross-border and offshore trust disputes

Advising on disputes involving offshore trustees and structures, including jurisdictional issues and the interaction between English and offshore courts.

Trustee remuneration and indemnity

Advising trustees on their entitlement to remuneration, indemnity and reimbursement out of trust assets, and beneficiaries on challenging excessive charges.

Trust Disputes

Our Approach

As with our other private wealth work, we aim to resolve trust disputes discreetly and without the need for court action wherever that best serves the family and the trust, while being fully prepared to litigate where necessary. We work closely with our private client team and instruct specialist trust and probate counsel on the most complex or highest-value disputes.

Trust Disputes

Our Trust Dispute Specialists

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