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Contesting a Trust Solicitors

Disputes in concern to trusts are unfortunately more common than expected, from undue influence to lack of mental capacity. Should you have reason to contest a trust, there are options available.

Whether you are a trust beneficiary or trustee disputing a trust or the management of one, our specialist solicitors are on hand to provide expert advice and assistance to guide you through the claims process, helping to sidestep mistakes and heighten your chances of success.

Trust disputes can occur for many reasons, and our solicitors are on-hand experts having years of collective expertise in all levels of trust disputes, including those more complex matters.

At Glanvilles Solicitors, our specialist legal team will take the time to carefully understand your trust dispute matter, including your personal circumstances and needs and any impact the issue has taken on your life.

Our Glanville solicitors can deliver assistance with trust dispute matters that include:  

  • Negligent or fraudulent breach by the trustee of a trust
  • Negligent trust administration
  • Lack of mental capacity
  • Negligent advice when executing a trust, including both legal and tax advice
  • Unreasonable financial provision due to the trust

With the support of our expert private client team, you can be confident in receiving upfront and pragmatic advice and assistance, ensuring your needs are met in the best possible way.

Get in touch with our trust dispute solicitors in Chichester, Fareham and Havant

Contact our expert trust dispute lawyers in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.

The Glanvilles guide to contesting a trust

Can a trust be contested?

If there is reason to believe the trust was incorrectly executed, done under lack of capacity or for another reason, it is possible to contest the entirety of a trust, as well as a trust amendment.

Can family trusts be challenged?

All types of trusts, including a family trust, can be contested should there be grounds for contesting a trust. The process of contesting a trust follows the same as any other type of trust.

Who can contest a trust?

In most trust disputes, those who contest a trust are typically beneficiaries of the trust, but in some circumstances trustees, creditors and a divorcing spouse or civil partner could have an interest in the trust and contest it.

Can a beneficiary challenge a trustee?

If a beneficiary has reason to believe that a trustee is mishandling a trust or they are receiving less than expected, they could have grounds to challenge the trustee responsible for managing the trust.

How do I contest a trust?

Generally speaking, there are three major steps to contesting a trust, these include:

Assessing the situation

The initial step to contesting a trust are by seeking guidance from a solicitor who can help assess the situation, including any relevant and supporting documentation and accounts, in addition to witness statements. For trust disputes in regard to lack of capacity, it may be essential to gather medical reports to support your claim.

Alternative dispute resolution

Many trust disputes can be effectively handled without the need for court litigation. A solicitor can assist by guiding clients towards out-of-court tactical approaches to contesting a trust. Alternative dispute resolution (ADR) methods such as private negotiation and mediation is often a more cost-effective, quicker and less contentious solution.

Our solicitors can provide a bespoke trust dispute service through methods of ADR, having considerable expertise in assisting clients. The Glanvilles team always work proactively, avoiding unnecessary delays and ensure our clients receive the outcome they need while sidestepping conflict with the right strategy.

Court proceedings

Should no reasonable solution come from out-of-court approaches, court litigation may be the most appropriate option to receive the outcome you are seeking.

At Glanvilles, our private client team will navigate you through the process, ensuring stress and disruption are kept to a minimum. The team will assist in gathering and preparing the relevant information, evidence and arguments to support your claim. Our solicitors can additionally provide constructive representation during proceedings and have a strong track record in obtaining the best possible outcome for your interests.

What are the grounds for contesting a trust?

There are various eligible grounds for contesting a trust. Examples of these grounds include:

  • Undue influence – Where the settlor was persuaded to make the decision they did.
  • Lack of capacity – The settlor lacked mental capacity.
  • Fraud and forgery – Where the settlor was deceived and fraudulent signing of the trust by someone other than the settlor.
  • Execution mistakes
  • Revocation – A new trust was executed, causing the trust to be revoked.
  • Abuse of settlor – Where a type of abuse influences the settlor into signing the trust.

Any trust disputes not relating to the grounds listed above can prove challenging to succeed.

Should you need assistance contesting a trust, our trust dispute solicitors at Glanvilles have handled all manner of scenarios and can provide constructive assistance and close personal support, always striving for the best possible outcome for your interests.

How we deal with contesting a trust issue

At Glanvilles, our trust dispute lawyers have decades of collective skill, knowledge and expertise in all aspects of trusts, including disputes at all levels and complexities. When you choose to instruct the team during the claims process, our ample advice and guidance can help streamline the process and deliver excellent results.

Why choose Glanvilles’ trust dispute lawyers?

Our expertise in trust matters is recognised through the Law Society’s Wills & Inheritance Quality Scheme, in addition to the Lexcel accreditation, acknowledging the high standards of legal service in disputes concerning trusts, as well as client care and practice management.

Many members of the private client team are part of Solicitors for the Elderly (SFE), who are there to support older and more vulnerable individuals across the UK.

Our specialist trust dispute solicitors can deliver the following:

  • In-depth experience across a range of issues regarding contesting a trust, including more complex and pressing matters
  • Advice and solid representation in liaising with other involved parties
  • Consistent recognition in concern of Wills, trusts and estate planning

The Glanvilles’ client service promise

When you use our contesting a trust service, we promise:

  • Our staff will be friendly, respectful and attentive.
  • Your concerns will be listened to, your questions answered, and your options explained in plain English.
  • The cost of dealing with your requirements will be made clear to you from the outset.
  • We will answer your phone calls and emails promptly.
  • We will keep you regularly updated at all times.

Get in touch with our trust dispute solicitors in Chichester, Fareham and Havant

Contact our expert trust dispute lawyers in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.