Generally, it is the beneficiaries of the trust who will make a claim against it. However, it could be anyone with an interest in it, including:
- One or more of the trustees
- A spouse in a divorce
- Creditors.
This is just a potential list of claimants and isn’t exhaustive.
Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:
1. Investigation
We’ll examine any documents and accounts relating to the trust.
If relevant, we may also gather medical evidence about the deceased, to understand their condition when they settled the trust. This would be particularly important in disputes over whether or not someone had mental capacity to settle a trust.
We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the trust was created.
These investigations will help us confirm whether you can make a claim, and what type of claim it will be.
2. Mediation
Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.
Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the executor and the other beneficiaries.
3. Court
Some disputes cannot be resolved by mediation. If this is the case, the matter will have to be settled in court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.
Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.
The cost of a Will, trust or estate 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 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.
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.
Our Will, Trust and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.
We’ve resolved some of the country’s most high-profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.
We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.
Meet the team
