Will Trust Disputes and Trustee Deadlock

The problems we help assess

Our work focuses on three types of difficulty.

Trustees cannot reach a decision

Co-trustees may disagree about managing a property, obtaining professional advice, meeting expenditure or progressing another administration decision. We review the relevant powers, each trustee’s position and the information needed to move the decision forward.

A life interest is causing disagreement

A surviving partner may have an interest in a home while children or other beneficiaries are entitled later. Disagreements can concern occupation, repairs, insurance, expenditure, sale or a replacement property. The wording of the will and any incorporated provisions are central.

Information or communication has broken down

A trustee may be unable to obtain records from a co-trustee, or a beneficiary may be seeking accounts or an explanation. We assess what is missing and what a focused request or response should address. Information rights depend on the circumstances; they are not an automatic right to the entire trust file.

Advice for your particular role

We can consider instructions from trustees or beneficiaries, subject to conflicts. We identify whom we represent and in what capacity before accepting an instruction. Advising one trustee does not mean advising all trustees or the beneficiaries.

If you are acting both as a trustee and as a beneficiary, tell us at the outset. Your responsibilities as trustee and your personal interests may need separate consideration.

Your initial assessment

For suitable matters, the Dispute Assessment & Action Plan costs £480 including VAT (£400 + VAT). It covers one principal issue, review of up to 40 selected core pages, a 30-minute consultation with Justin and a two-page written Action Plan.

We first check suitability, conflicts and whether the documents and issues fit that scope. Where they do not, we explain the proposed alternative scope and fee before any paid work begins.

Your Action Plan identifies the principal blockage, what the documents establish, material risks and information gaps, and the recommended next step. That may be obtaining evidence, making a focused proposal, seeking specialist advice or deciding that further expense is not presently justified.

The Action Plan is normally delivered within three working days after the consultation and receipt of all required documents, whichever is later. It is a standalone service: there is no obligation to continue, and the assessment fee is not deducted from later fees. Later quotations take account of assessment already completed.

Further work by agreement

Depending on the assessment, separately instructed work may include:

• A focused letter to a co-trustee or beneficiary and review of the response.
• A proposal for information exchange, expenditure or future decision-making.
• Defined negotiations or preparation for mediation.
• Assessment of a consensual trustee change, with implementation separately scoped and specialist input where needed.

Before each stage, we agree the work, follow-up allowance, endpoint and fixed professional fee including VAT. Identified external costs are shown separately. Work outside that scope needs your approval. A fixed fee covers the agreed work; it does not guarantee cooperation or settlement.

When another specialist is needed

This service concerns selected will-trust disagreements. It does not include ongoing trust administration, acting as trustee, conveyancing, tax planning or returns, forensic accounting, or contested court proceedings. Offshore, commercial, pension and charitable trusts are outside this service.

Urgent asset protection, serious breach-of-trust claims, disputed capacity, or a proposed change affecting children or people unable to consent may require specialist advice. We assess suitability and can discuss an agreed handover. Trust court applications are outside this offer; they are not part of our separately agreed Probate Registry services.