July 14, 2025
We examine proposed Wills Act reforms and the risk they may increase probate disputes. Key changes, like electronic wills and reduced formalities, could lead to confusion over testators’ intentions.
Contentious Probate Solicitors
When a loved one passes away, they may leave assets in a trust, to be managed on behalf of beneficiaries and distributed later. There are many reasons to do this, but it is often designed to preserve family wealth for beneficiaries to enjoy when they come of age, or to allow a beneficiary to retain an interest and earn an income from an asset without owning it themselves. The function of the trust and the role of its trustees will be outlined in a trust document that, in the best cases, will be clear and unambiguous.
Unfortunately, when a person does not uphold their legal responsibilities as a trustee, or when they make choices about the trust and its assets that others don't agree with, this can result in a dispute. There are many types of disputes, and ways to resolve them amicably, but you'll need expert support to have the best chances of success.
Trust disputes may also involve disagreements relating to ownership of various assets, such as property or land. This is due to the fact that the title deeds may not adequately reflect the true ownership of the land or property. When such disputes arise, you will need expert advice to represent your interests.
When you call our trust dispute solicitors, we'll offer a free initial consultation to discuss your dispute and the outcome you want to achieve. Whether that's to protect assets from bad decisions, to remove trustees from their position of power, or simply to get a neutral third party to help with decisions, Switalskis can support you.
Once we understand what you want to achieve, we'll help you to gather evidence that can support you, including by reviewing the original trust documents. We know how sensitive these situations can be, and we’ll remove as much stress as possible from the process. Your Switalskis solicitor is more than just a legal expert - they're a partner throughout the legal process who will fight to get the best possible result for you, and stand by your side throughout.
Many trust disputes can be resolved amicably through alternative dispute resolution (ADR) methods like negotiation, mediation and arbitration. Thanks to our experience, we can advise trustees and beneficiaries on the best approaches to meet their goals, and give you a realistic assessment of the outcomes we believe you can expect.
A trust dispute arises when there is a disagreement or legal challenge related to a trust established as part of a deceased person's estate. These disputes may involve claims over the validity, interpretation, or administration of the trust and may include challenges to the actions or decisions of trustees. Trust disputes form a subset of contentious probate cases, which focus on conflicts over interpretation of trust documents, distribution of assets following a person's death, and may arise when trusts are central to the deceased's estate planning.
A dispute may come about between one beneficiary and another, or between trustees, and require a dedicated approach from the solicitors involved to make sure all of the specific considerations are made.
The law in England and Wales sets out the powers and duties of trustees, including a specific responsibility to act prudently and in the best interests of beneficiaries of the trust. Regardless of what the relevant trust documents say, there are legal requirements that a trustee must meet.
Within this legal framework, there are several common reasons why disputes can arise relating to trusts. These include:
The nature of the dispute will govern the approach you should take to resolve it, but any of the above issues can be overcome with the right legal strategy.
There are several ways to approach resolving trust disputes, depending on the issues in dispute and the relationships between the parties. ADR methods like mediation or arbitration are often the best approach, as these allow all parties to have a say in the dispute resolution process and can deliver the best outcome for everyone. Mediation is often faster and less expensive than litigation, and the right mediator can help to make sure decisions accurately reflect the settlor's wishes. As such, this is often the best approach to resolving a dispute quickly and cost-effectively in the initial stages.
If the above ADR results are not successful, you may find yourself in a position where court proceedings are necessary.
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.
Got questions or ready to get going? Just give us a ring on 0800 1380 458 or drop us a line through the website. Whenever you need us, we're here to help.
We examine proposed Wills Act reforms and the risk they may increase probate disputes. Key changes, like electronic wills and reduced formalities, could lead to confusion over testators’ intentions.
When someone dies, the executor named in their will is responsible for administering their estate. Administration of the deceased's estate must be carried out in accordance with the instructions left in their will, and in line with the legal obligations associated with the role.
The process of removing an executor from a will can be challenging, and recognising when to seek legal support is often the first step toward protecting the estate. In this guide, we’ll outline key considerations.
When beneficiaries believe there is something amiss - be it concerns over the deceased's mental capacity, suspicions of undue influence or disagreement over whether someone has received a reasonable financial provision - probate cases can escalate into serious disputes. This is what we call ‘contentious’ probate. If you're involved in such a dispute, the Switalskis team is here to help.
If you're seeking legal advice on trust and estate matters, or you need representation during court proceedings, our trust dispute solicitors can help. Our expertise in resolving trust disputes amicably is founded on our client-centric approach and our commitment to the following key principles:
Trusts can be a complex area of the law, because each trust has a different structure and rules determined by the trust document. Any dispute relating to the management of trust assets or decisions can be even more complicated, but Switalskis is dedicated to simplifying matters.
Often, a trust dispute is not just an administrative concern - it can be an emotionally charged conflict between friends or family members. We know that legal support is only part of what you need to resolve this type of dispute. Our solicitors are good listeners, and we'll take the time to invest in you and your specific situation to make sure we respond to all of your unique needs.
Our team has a wealth of understanding and we always aim to resolve trust disputes outside the courtroom. We know that when the dispute involves friends and family members, it's best to resolve things amicably and find the best outcome for all parties. Thanks to our experience in negotiation and other ADR approaches, we can help to find common ground and offer expert advice on the best ways to reach your desired resolution.
Whether as a trustee, a beneficiary or anyone else concerned in a trust, you have rights that must be upheld. When a dispute arises over the management of a trust or the decisions being made, there is a legal process that must be followed. At Switalskis, we'll stand by you to protect your rights at all times and make your voice heard during any such disputes.
If you're considering contesting probate and want to know the best way to go about it, our contentious probate team is here to offer advice that's tailored to you.
Give us a call on 0800 1380 458 or send us a message through our website to get things moving.