Disputes concerning UK trusts require a specialist expertise because the litigation procedures differ from other civil litigation. Also the subject matter is far removed from everyday commercial or private activity. At Charles Russell we have that expertise.

The following examples are typical of the questions facing clients which our team deal with and the answers will in some cases be straight forward and in others less so.

For Trustees

1. I have been asked to exercise my discretion in favour of one individual to a substantial degree. Do I have to tell the other beneficiaries about this request or about my decision?

2. One beneficiary has asked to be allowed to take an active role in management of trust assets. Are we obliged to allow him to do this?

3. Is the trust fund properly invested; do we have a duty to diversify? What are my personal risks?

4. The Settlor wants to continue to treat the fund as his own. How can we gently inform him of his position?

5. I have been asked to lend money to a beneficiary without security. Can I do this?

6. My fellow trustees have benefited from a property deal which they gained from their association with the Trust. Should they be giving any of their profits from this to the trust?

For Beneficiaries

1. I am unsure of my status in this trust and unaware of who the trustees are. Am I able to find this out?

2. I want the trustees to meet regularly with me to discuss their administration of the trust. Am I entitled to this?

3. One of the Trustees has purchased property belonging to the Trust at, it appears, an undervalue. What can I do about this?

4. How can I be sure the Trust is being administered properly and that I am receiving all of the income to which I am due. What rights do I have to information about the Trust?

If you require further information, please contact Bill Perry