Private Wealth Disputes

Trust Disputes

We advise trustees, protectors, settlors and beneficiaries on complex trust disputes, including:

• removal of trustees
• breach of trust claims
• beneficiary rights enforcement

We handle court blessing applications, variation, rectification, construction and mistake applications, as well as responding to beneficiary information requests. Our expertise covers contentious trust administration (including will trusts), property ownership disputes, claims by creditors or third parties against trusts, and trust audits for health checks.

We act for beneficiaries of trusts and estates, shareholders in family companies, co-trustees and directors seeking accountability, and powerholders defending unfounded claims. We identify effective paths to resolution through negotiation, mediation or court proceedings . We work with our Family, Tax and Private Commercial Litigation teams to assist where trusts are relevant on the breakdown of a relationship or where tax/structuring issues arise, delivering integrated advice where disputes overlap with commercial or family business issues.

Stress testing trusts

We advise trustees, protectors, settlors and beneficiaries on trust audits and health checks, whether in anticipation of a potential challenge, on taking on a new trusteeship, or as a proactive measure to identify and address areas of risk.

Our reviews cover the full range of structural and administrative matters, including trustee powers and personal liability, breaks in the chain of indemnity, the proper addition or exclusion of beneficiaries, trustee accountability and communication, creditor exposure, and whether the trust's governing law and forum of administration remain fit for purpose.

Having acted for both trustees and beneficiaries, we bring particular insight into the motivations and concerns of each side, which informs the practical and commercial advice we provide. Where our review identifies structural or administrative issues, we work with our Tax and Family teams to consider whether variation, rectification or other remedial steps are appropriate.

Will and Estate Disputes

We advise clients on will disputes and contentious probate matters, whether bringing or defending claims. We handle challenges to wills including:

• those based on lack of testamentary capacity
• want of knowledge and approval, undue influence
• fraud and lack of due execution.

Our expertise includes estate administration disputes, disputes between beneficiaries, removal of executors, and addressing estate disputes between family members, including matters involving cross-border estates, jurisdictional issues and conflict of laws principles. Our team manages the full spectrum of succession disputes in contentious situations.

International Disputes

We are experienced in handling international trust disputes and cross-border succession disputes involving complex multi-jurisdictional issues across key jurisdictions including the Channel Islands (Jersey, Guernsey and the Isle of Man), the Caribbean (British Virgin Islands, Bahamas and Bermuda), Switzerland, Monaco, and other international wealth centres. We provide advice on English law issues, advise on conflict of laws questions, and manage cases from England whilst coordinating with lawyers in different jurisdictions.

Our practice handles cross-border estate administration, conflicts between trustees in different jurisdictions, and disputes involving assets held across multiple territories.

Court of protection and capacity

We advise clients where concerns arise about mental capacity to make decisions relating to finances or personal welfare. Our Court of Protection expertise includes challenging actions taken by attorneys or deputies, seeking court approval for proposed actions, applications for appointment or removal of deputies, statutory will applications, and representation at Best Interests meetings. We handle disputes involving lasting powers of attorney, deputyship applications, and mental capacity assessments.

Our clients include family members concerned about vulnerable relatives, attorneys and deputies seeking guidance on their duties, beneficiaries challenging decisions made on behalf of those lacking capacity, and individuals subject to applications.

We work closely with our Private Wealth and Tax team to ensure comprehensive advice on capacity and succession planning matters.

Inheritance Act claims (1975 Act)

We act for claimants seeking reasonable financial provision from a deceased's estate under the Inheritance (Provision for Family and Dependants) Act 1975. Our expertise covers claims by spouses, former spouses, cohabitants, children and dependants who have not received adequate provision. We also advise beneficiaries and executors defending against Inheritance Act claims or managing contested estates.

Constructive trust and proprietary estoppel claims

We advise clients on constructive trust claims, proprietary estoppel disputes and claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), acting for both claimants and defendants. These claims frequently arise where one party asserts a beneficial interest in property or assets based on a common intention, or where they have been led to believe they would acquire rights in property and have acted to their detriment in reliance on that belief. Our expertise covers the full spectrum of these disputes, including claims arising between cohabitants and family members, the quantification and enforcement of beneficial interests and related relief.

Where appropriate we work closely with colleagues in our property litigation ensuring clients receive integrated advice across both the private wealth and real estate dimensions of a dispute.

Professional negligence

We advise on professional negligence claims against solicitors, barristers, accountants, financial advisers and trustees in relation to estates, trusts and inheritance matters. Our expertise covers negligent will drafting, failure to advise on inheritance tax planning, missed limitation periods, breach of fiduciary duty by trustees, negligent estate administration, and poor advice on trust structures.

We act for beneficiaries who have suffered loss due to professional errors, executors facing claims arising from negligent advice, and trustees seeking to recover losses caused by advisers.