Contentious trusts covers disputes over the creation, interpretation and administration of trusts, including challenges to trustees’ powers, breaches of trust, removal or replacement of trustees, and disputes around executries and claims by or against beneficiaries. A solicitor in this area handles court applications, drafting or responding to pleadings, negotiating settlements, and advising on remedies such as directions, remedial schemes, or vesting orders. Proceedings often involve the High Court in England and may extend to insolvency or professional negligence considerations if trustees’ duties are implicated.
Why this work is usually handled by a solicitor
Trust disputes can crystallise where trustees fail to act in the interests of beneficiaries or exceed their powers, risking breaches of trust and potentially personal liability. A solicitor provides professional accountability, handles regulated conduct of litigation, advises on remedies and settlements, and, if needed, coordinates with professional indemnity insurers and regulatory frameworks to protect the client’s position.
