We act for both beneficiaries and trustees in these types of disputes, and also defend trustees who are facing claims against them. We handle all of these claims with sensitivity and transparency and will work with you to try and achieve the best possible outcome.
A trustee is a position of great responsibility and should not be undertaken lightly. Trustees have a large number of obligations and duties which are set out in both the trust deed and also in law. Trustees should co-operate both with their fellow trustees and also the beneficiaries and should not use their powers unreasonably and should act in accordance with the terms of the trust deed.
Sometimes, there may be grounds for the removal of a trustee. Read below to find out more and how we can help.
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We acted for the trustees of two trusts in connection with a dispute arising with their fellow trustee in relation to allegations of breach of trust.
We successfully negotiated a settlement with the trustee in which he agreed to retire as a trustee of both trusts, and also agreed to give up his interest in the trusts.
We acted for a professional executor and trustee in connection with a successful removal application of her co- executor and trustee, due to their lack of cooperation in dealing with the estate and their conflict of interest.
The matter was settled just before the final hearing when the trustee agreed to step down. The removal of the uncooperative executor then allowed our client to make an application to the court on behalf of the estate, for a declaration as to the proper ownership of assets which had allegedly been transferred to an offshore trust during the deceased’s lifetime.
We were successful in arguing that the assets had never left the deceased’s estate and the court made a formal declaration confirming that position. This meant that the assets could then be sold by the executors free of any personal liability.
Our inheritance dispute lawyers are happy to discuss the number of different fee options with you.
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There are several grounds which would justify a trustee being removed:
Get in touch with our no win, no fee removal of trustees solicitors today
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There is a time limit for bringing Contentious Probate claims. They normally have to be issued at court within 6 months from the date of the grant of probate. You can search online to see whether or not a grant has been issued.
Depending on how complex the deceased’s estate is, a grant of probate could be issued only a few weeks after the deceased’s death so this may not leave a lot of time for someone to make a claim. Therefore you should act quickly and get in touch with legal professionals.
It is possible to bring a claim after the 6 months has expired, but you will need permission from the court to do so. The court looks at the full range of factors, such as the reasons for the delay in making the claim, and what prejudice would be suffered to the estate and any other beneficiary. There is no guarantee that the court would grant permission even if the delay is only a few weeks. Similarly, just because a claim may be brought many years after the grant, it doesn’t mean that permission would be refused.
It will be up to the court to decide, and again depends on the individual facts of the case.
