Claims Against Trustees

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued.

In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.

The cost of these types of dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

There are various ways you can cover the cost of your claim, depending on your case. These can include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘no win no fee’)
• Payment on conclusion
• Private monthly billing.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

The action you take against a trustee will depend on what they’ve done. It may be a case of simply getting them to provide information, or it could be a more serious matter of removing them from their position. Our solicitors could help you:

• Remove or replace a trustee
• Get documents or information that the trustee has been withholding from you
• Get copies of the trust accounts
• Make the trustee pay back any financial loss to the trust.

If more than one trustee is at fault, you can take action against them jointly, or pursue separate claims. We’ll be able to advise you on which is best. Claims against trustees are usually made by beneficiaries of the trust. However, co-trustees can also make a claim, as well as any third party with an interest in the trust – such as a creditor who is owed some of the assets.

Trustees have a duty of care to act in the interests of the beneficiaries (rather than themselves). This means they must not invest recklessly or make unauthorised transfers. If money has gone missing from the trust or assets have been transferred wrongly, we could help you:

• Reverse a transaction
• Freeze the trust assets
• Make the trustee pay back the money.

Trustees could also face criminal charges if they have stolen money from the trust or committed fraud. If this is the case we can work alongside our Criminal and Regulatory team to take the necessary legal action.