Trust Dispute Solicitors

Trustees hold assets for the benefit of others — and that obligation is enforceable. A trustee who mismanages the trust, acts in self-interest, or refuses to distribute can be removed and made to account.

Trust disputes arise in a range of contexts — family trusts created under wills, discretionary trusts, life interest trusts, and trusts implied by law over property. Whether you are a beneficiary whose entitlement is being ignored, or a trustee facing a claim from a beneficiary, a solicitor will identify the correct legal position and advise on the most cost-effective route to resolution.

Trustee removal & replacement Breach of trust claims Constructive & resulting trusts Free initial consultation

Types of Trust Dispute

Trust disputes — the legal issues and the remedies available.

Trusts disputes range from removing a failing trustee to claiming an equitable interest in property. A solicitor will identify the type of trust and the applicable legal principles before advising on the appropriate route.

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Trustee removal

A trustee who is in breach of trust, who has a conflict of interest, who has become unsuitable, or whose relationship with the beneficiaries has broken down irrevocably can be removed by the court under section 41 of the Trustee Act 1925. Removal requires evidence that the trustee's conduct is such that the welfare of the trust requires a change. A solicitor will assess the grounds, attempt to negotiate a voluntary retirement in the first instance, and issue proceedings for removal where that is not agreed.

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Breach of trust

A trustee must act in the best interests of the beneficiaries, invest prudently, keep trust accounts, act impartially between beneficiaries, and not profit from the trust. A breach of trust — including misapplication of trust assets, failure to invest, making unauthorised profits, or distributing to the wrong beneficiaries — makes the trustee personally liable to restore the trust to the position it would have been in but for the breach. A solicitor will quantify the loss, obtain the trust accounts, and pursue the trustee for the shortfall.

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Constructive trusts over property

A constructive trust arises — regardless of the legal ownership recorded at HMLR — where a person has made a direct contribution to the purchase price or mortgage of a property under a common intention that they would have a beneficial interest. The law of constructive trusts is most frequently in issue in disputes between cohabiting couples, family members who contributed to property, and property investors. A solicitor will assess what evidence of common intention and direct contribution exists and advise on the realistic share of the beneficial interest that can be established.

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Resulting trusts

A resulting trust arises where property is transferred to one person but paid for by another — the property is held on resulting trust for the person who paid. This most commonly arises in family transactions where a parent pays for property placed in a child's name, or between co-purchasers where the legal title does not reflect the contributions made. A solicitor will assess the evidence of the payment and the circumstances of the transfer, and advise on the correct legal basis for the claim — constructive or resulting trust, or both.

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Variation of trusts

The terms of an express trust can be varied under the Variation of Trusts Act 1958 where all the beneficiaries are adult and between them have an absolute entitlement to the trust fund — the rule in Saunders v Vautier. The court can approve a variation on behalf of beneficiaries who lack capacity or who are not yet born, where it is for their benefit. Trusts are also varied informally by deed of variation — most commonly to pass assets down to the next generation to save inheritance tax. A solicitor will advise on the appropriate mechanism and manage the application or documentation.

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Life interest trusts and family home disputes

A life interest trust — commonly used in wills to protect a surviving spouse's right to live in the family home while preserving the children's interest in the capital — can give rise to disputes between the life tenant and the remainder beneficiaries. Disputes arise over who pays for repairs, whether the property can be sold, and whether the trust has been properly administered. A solicitor will advise on the rights of both the life tenant and the remainder beneficiaries and manage any dispute between them.

How It Works

Trust disputes are resolved most cost-effectively when specialist advice is taken before the legal position hardens.

A solicitor will identify the type of trust, the applicable obligations, and the most appropriate route to resolution — whether through negotiation, mediation, or court proceedings.

Submit Your Request
1

Describe the trust and the dispute

Tell us what type of trust it is, who the trustees and beneficiaries are, and what the trustee has — or has not — done.

2

Solicitor identifies the correct approach

A trust disputes specialist assesses the legal basis for the claim, the realistic outcome, and the most cost-effective route to resolution.

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Free initial consultation

You receive clear advice on the trust dispute and what can be achieved — at no cost and no obligation to proceed.

Free Initial Consultation

A trustee who benefits themselves, ignores beneficiaries, or mismanages trust assets is in breach of duty — and the court has clear remedies.

Get specialist advice on your trust dispute — and find out what the law says the trustee must do, and what happens when they do not.

Resolve My Trust Dispute

Common Questions

Trust disputes — what people ask us.

My name is not on the deeds but I paid towards the property. Do I have a claim?

Possibly — a constructive trust claim requires evidence of a common intention that you would have a beneficial interest, and a direct contribution to the purchase price or mortgage. If you paid part of the deposit or made mortgage payments, that is strong evidence of a direct financial contribution. The common intention can be established by express agreement or inferred from the parties' conduct. A solicitor will assess the evidence available and advise on the realistic share of the beneficial interest that can be established at court.

The trustee is also a beneficiary and appears to be using the trust for their own benefit. What can I do?

A trustee who uses their position to benefit themselves at the expense of other beneficiaries is in breach of trust. The trustee's profits from the breach must be returned to the trust. The court can also remove the trustee where the conflict of interest is such that the trust cannot be properly administered. A solicitor will obtain the trust accounts, identify the transactions that appear to be self-dealing, and assess the basis for a breach of trust and removal claim.

My parent set up a trust in their will for me but the trustee refuses to pay me anything. What are my rights?

It depends on the type of trust. If you are a fixed interest beneficiary — entitled to income or capital as a matter of right — the trustee must pay you and cannot withhold without good reason. If you are a discretionary beneficiary — one of a class in whose favour the trustee has discretion — the trustee does not have to distribute to you, but must exercise its discretion regularly, in good faith, and on proper principles. Where a trustee refuses to consider distributions at all, that refusal can be challenged. A solicitor will review the trust deed and advise on the nature of your entitlement.

How long do I have to bring a trust claim?

The limitation period for most trust claims is 6 years from the date of the breach — under the Limitation Act 1980. There is no limitation period for fraud or fraudulent breach of trust. Where the breach was concealed and the beneficiary could not reasonably have discovered it, time does not run until discovery. Resulting and constructive trust claims over property are more complex — the limitation period can depend on how the claim is characterised. A solicitor will confirm the applicable limitation period and any arguments that time has not yet run.

Can a trust dispute be resolved without going to court?

Yes — many trust disputes are resolved by negotiation or mediation without issuing proceedings. A formal letter from a solicitor outlining the legal position and the consequences of continued non-compliance often prompts the trustee to act. Where the dispute is more entrenched, mediation can resolve it at a fraction of the cost of trial. A solicitor will pursue resolution without proceedings where possible — reserving court applications for situations where the trustee refuses to engage or where urgent action (such as a freezing order over trust assets) is needed.

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