Trust Disputes

Applications to remove executors and trustees

If you are having difficulty with an executor or trustee, it may be possible to apply for the court to remove them from that role. This can only be done with good reason and the court will expect those involved to try to reach an agreement between themselves first. Our advice could help you to deal with the issue quickly and efficiently.

Claims against executors and trustees

Executors and trustees owe numerous duties and responsibilities to their beneficiaries. If they act in a way that causes loss to the estate, or they make an unauthorised profit, the beneficiaries may bring a claim against them (known as a “devastavit” claim). We are able to advise either beneficiaries or executors/trustees in relation to these claims.

Beddoe applications

A Beddoe application is a way for trustees to obtain the court’s approval for steps they plan to take in relation to making or defending a claim. If successful, the trustees are permitted to pay their costs from the trust fund.

Please contact us if you are interested in discussing these options with a member of our team.

If you choose to work with us, you will discover exceptionally talented lawyers who have a passion for making a genuine difference to our clients’ lives. We pride ourselves in being approachable and always ensure that everything we do is in your best interests.

All our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards that. The team is overseen and led by experienced Partner, Helen Thompson, who is a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes. We are also proud to be ranked in the top tier of the prestigious Legal 500 directory.

We provide practical advice and, unlike other firms, are able to deliver a complete service with support from colleagues in our Property and Private Client teams. 

From the outset, our costs will be clear and transparent, and we offer a range of funding options, including:

• “No Win, No Fee” agreements
• Deferred payment
• Fixed fees
• Litigation loans
• Third-party funding
• Legal expenses insurance
• “After the event” insurance

Please contact us if you are interested in discussing these options with a member of our team.