Trust disputes

Trust disputes

We can act for you in your capacity as a trustee, beneficiary, settlor, or protector; as well as for related parties such as divorcing spouses and company directors. Our team assist with a broad spectrum of issues relating to trust disputes, whether in England and Wales, or in offshore and international trust jurisdictions. Issues that we can help with include:

  • Claims relating to the validity of trusts, including issues of mistake, lack of capacity or sham, or the construction and rectification of a trust
  • Advising trustees, protectors or beneficiaries on challenges to the administration of a trust, distributions, and investment decisions
  • Assisting with blessing applications and other applications to court, when required for the proper administration of a trust
  • Variation of trusts where court approval is required, including applications under the Variation of Trusts Act 1958, or where there is a risk of future claims
  • Advising on the removal and replacement of trustees
  • Applications for disclosure and advising on confidentiality
  • Advising trust companies and lay clients in the UK and offshore on complex cross border issues relating to succession and tax planning involving trusts
  • Advising where the individuals or structure is insolvent or at risk of insolvency, and where issues of asset tracing arise
  • Advising on fraud in the context of trusts or within trust structures
  • Advising on indemnities and costs protection

Key experience

Inheritance matter

We acted for the beneficiary on an inheritance matter which included a secret trust claim. Secret trust claims are relatively unusual, and this claim also highlighted Forsters’ expertise in cross border matters, involving complex jurisdictional and succession issues.

Offshore trustee

We were instructed to represent an offshore trustee in multi-jurisdictional litigation regarding the management of inter vivos trusts, including regarding the validity of appointments and distributions in the absence of a protector. We successfully achieved a global settlement of all disputes, resolving potential claims regarding the trustee’s management of the settlor’s funds in their capacity as attorney, and the subsequent administration of the settlor’s estate.

Acted for a Swiss protector

We acted for a Swiss protector of a Cayman law trust, regarding challenges by the beneficiaries to the trustees’ investment decisions, and issues arising from those decisions.

Meet our team