When ADR is unsuccessful, or if you don't think it's the right option in your circumstances, you may need to take your dispute to court. Thanks to their extensive experience, our solicitors can help you during this process and advise you on the expected outcomes of this strategy.
You may ask the court to interpret the terms of the trust, especially if the language is unclear or ambiguous. This ensures that the trust is administered according to the settlor's intentions. In some cases, the terms of the trust may be varied by the court, especially if the original terms are no longer appropriate due to changes in circumstances or the law.
Another option that can be useful if there is a conflict between the trustee and the beneficiaries or other trustees, is to have the court appoint a new trustee to resolve the situation. Finally, if a trustee has acted improperly, beneficiaries may take legal action against the trustee for breach of trust. The court can order remedies, including compensation for losses, so this may be necessary if there are serious concerns with the management of the trust and its assets.
Trust disputes are often complex. You need a solicitor with expertise in trust law, probate processes, and litigation. Resolving these disputes often depends on careful analysis of the trust deed, the actions of trustees, and the intentions of the deceased settlor. At Switalskis, our experts understand all of these matters in detail and can support you to find the best possible result.