Breach of trust claims

A trustee or executor is in a position of trust. As such, they must comply with a number of duties, such as preparing accounts, providing information to beneficiaries, and acting impartially. Failure to do so could result in a loss to the trust or estate and a claim against the trustee or executor for breach of trust.

Remedying trust or estate breaches

Our team has experience of advising both those who have concern about the actions of a trustee or executor in relation to a trust, or estate under which they are a beneficiary, as well as those who are themselves trustees or executors, and are facing criticism from beneficiaries about the running of the trust or estate.

If the actions of a trustee or executor have caused loss, there are various remedies available including the requirement that the trustee compensate the trust or estate, the possibility of obtaining an injunction to prevent a trustee carrying out a particular act, or an application to remove the trustee or executor.

A first-rate reputation, handling cases with calm diplomacy.

Legal 500

Our contentious wills, probate, estates and trusts team at Penningtons Manches Cooper can help ensure that potential breaches of trust are avoided or dealt with in a way which preserves the relationship of trust and confidence between trustees, executors and beneficiaries. This can be of particular importance for family trusts. In addition, we can advise on potential claims and remedies after the event.

We have specialist experience in dealing with all types of disputes, both in England and Wales and internationally. We act for beneficiaries, executors and trustees – including individuals and trust companies.

How we help our clients

Administration of trusts

Advising trustees on their duties

Breach of trust claims

Remedies for breach of trust

Removal of trustees

Avoiding breaches of trust

Recent work highlights

Reversal of transfer into trust

Assisting trustees with obtaining a court order to set aside a transfer into trust following erroneous advice from a professional co-trustee, as well as ensuring his removal. The costs of the court proceedings were recovered from his insurers.

Removal of trustees and personal representatives

Acting on behalf of the niece of a successful businessman, in a claim regarding the court’s jurisdiction to remove trustees and personal representatives from office, involving technical arguments relating to the interpretation of statutory authority.

Misuse of trust assets

Advising trustees regarding a misappropriation of trust assets by a co-trustee, and successfully obtaining repayment to the trust – together with interest and costs – as well as the removal of the co-trustee.

Keep exploring

Contact us

Please complete this form to send us your enquiry. We will be in touch shortly with a reply.

If you need to speak to someone soon, call:

We will only use the information you provide to handle your enquiry. Please read our privacy policy for more information.