Trust disputes

Q: How much does it cost to contest a will or trust, and who pays?

The cost of a will, trust, or estate dispute varies from case to case, depending on time, complexity, and whether you have to go to court. A dispute can be settled at any time if the parties can come to an agreement, and decide how to split the costs between them. If an agreement can’t be reached and the case must go to court, the court will decide how the costs will be paid.

Our specialist lawyers can help you resolve trust disputes whether you’re a beneficiary or a trustee. We have extensive experience with many different trusts of varying complexity and value.

Our Trust Disputes Services

Trustees who act carelessly or fraudulently can do lasting harm to a trust and its assets - and cause untold stress for you.

You can get professional legal help if:

A trustee ignores a breach of trust by a co-trustee
A trustee commits a negligent or fraudulent breach of trust
The trust document is vague, unclear, or contains mistakes
A trustee neglects their duty to administer the trust efficiently
The trust documents don’t accurately reflect the settlor’s wishes
The settlor received negligent legal or tax advice when creating the trust
The trust is a sham to try and disguise real legal ownership of the assets
The trust prevents creditors or financial dependents from claiming assets from an estate
The person who set up the trust (the “settlor”) lacked mental capacity to do so, or was unduly influenced into it.

What if the trust has a ‘No Contest’ clause?

A ‘no contest’ or ‘forfeiture’ clause doesn’t mean you can’t contest a trust - it means you will have to give up anything would have received from the trust if you contest it and lose. You don’t forfeit anything if your contest is successful.

A ‘no contest’ clause is only valid if it’s very clearly written and compliant with the court’s jurisdiction. If you have been affected by a no contest clause, our lawyers may be able to prove that it doesn’t comply and so is invalid. This could help you keep your interest in the trust even if you have challenged it unsuccessfully.

Who can make a claim against a trust?

Generally, beneficiaries of the trust will make a claim - but it could be anyone with an interest in it including another trustee, a spouse, or creditors.

If you think a trust is being mismanaged, or if you have received less than expected from a trust, we can step in to ensure assets are protected and distributed properly.

Frequently Asked Questions

Do I owe tax on a trust?

Assets may increase or decrease in value while in a trust - it’s the trustees’ responsibility to manage this in the beneficiaries’ best interest. As such, trusts do sometimes have to pay tax. However, it can be more tax-efficient to put assets in a trust and receive income as a beneficiary than it is to receive the income directly.

How much does it cost to contest a will or trust, and who pays?

Do I Have To Come To The Irwin Mitchell Offices?

We understand that the death of a loved one can be a distressing and difficult time, and we’ll do everything we can to make sure your claim is as stress-free as possible.

We’re happy to meet with you at one of our offices – or if you prefer, we can deal with everything by phone or email.

We can also come and meet you at a place that’s convenient for you. We have clients across the country and will always strive to make everything as convenient for you as possible.