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Executor and trustee dispute lawyers

Executor and trustee disputes are common and the resulting deadlock can cause frustration, cost and delay. Our specialist trust and estate dispute lawyers work to resolve your disagreements on how an estate or trust is being handled, allowing the administration to progress.

We understand that instructing a solicitor to dispute the administration of a trust or an estate is often a step taken as a last resort, and after relations with the executor or trustee, who will frequently be a family member, have broken down.

We will work to understand your objectives and priorities, placing these at the centre of what we do, and guide you through your executor or trustee claim, to ensure it is resolved on the best terms possible.

We will talk openly about fees and work with you to understand the best funding option for your trust or estate claim. In appropriate cases, we can offer deferred payment and “no win, no fee” agreements.

With one of the largest and most experienced trust dispute teams in the country, we deal with all manner of estate disputes. All our trust and estate dispute lawyers belong to the Association of Contentious Trust and Probate Specialists (ACTAPS). The team and many individuals are top-ranked in leading legal directories, including the Legal 500 and Chambers High Net Worth guide. You will be in expert hands.

How our trustee and estate dispute solicitors can help

We regularly advise on:

  • challenging the actions of executors and trustees
  • applying for Court directions to deal with inactive executors and trustees
  • the removal of trustees or executors
  • the duties of trustees and the rights of beneficiaries
  • correcting mistakes in a the administration of a trust or an estate
  • requests to executors and trustees for disclosure of information
  • how to resolve disputes caused by ambiguous, or poorly written wills and trusts
  • bringing a claim against an executor or trustee for breach of trust, including claims for loss.

Working together

Our trust and estate dispute solicitors are based in Tunbridge Wells, Kent, and London, serving the South East, including Kent, Sussex, Surrey and London. We also work with clients across England and Wales, and overseas, so wherever you are based we can act for you.

Contact us for a free, no-obligation consultation.

Talk to us about

Related services

Making a will Power of attorney Probate and estate administration Inheritance disputes Proprietary estoppel claims Will disputes Will, trust and probate disputes

Meet the team

 Myles McIntosh

Partner and Head of Private Client
Will, trust and probate disputes

Phil Youdan

Partner
Will, trust and probate disputes

Dino Sikkel

Partner
Will, trust and probate disputes

Russell Simpson

Partner
Will, trust and probate disputes

Tristam Razzell

Senior Associate
Professional negligence

Meet more of our team

Frequently asked questions

What is an ‘estate’ and who is an ‘executor’?
When someone dies, the property, money and other assets that they own, and which need to be transferred to their beneficiaries, is called their estate. The person responsible for transferring the assets to the beneficiaries is known as the executor. If there is no Will, this person is instead called an ‘administrator’.

What is a ‘trust’ and who is a ‘trustee’?
A trust is a vehicle used to control the distribution of a person’s assets and/or to minimise the tax liability upon their estate on their death. Trusts can be created during a person’s lifetime or on their death by their Will. The person responsible for managing the trust is called the trustee.

What are the most common types of executor disputes?
It is not uncommon for disagreements to occur between executors and beneficiaries. Disputes may involve:
  • the correct meaning of the terms of a will
  • delay
  • disagreements over the sharing of information
  • the value and sale of assets, especially property
  • costs and expenses
  • executors acting where there is a conflict of interests
  • disagreements between executors
  • allegations of loss and negligence
  • removing or replacing executors.

What are the most common types of trust and trustee disputes?
Even with careful planning, trust and trustee disputes do arise. Disputes may include:
  • interpretation of trust document, for example if the trust document is ambiguous or contains mistakes
  • the making of payments from the trust
  • disagreements between trustees over the exercise of their duties
  • the provision of information
  • allegations of loss or negligence
  • removing or replacing trustees.
   

Contact us

If you have a question or need advice, please let us know how we can help.

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