We are frequently instructed to advise on disputes regarding the duties of executors, personal representatives and trustees including actions to account, devastavit and asset tracing.
In addition we have particular experience in representing clients in respect of resulting or constructive trusts over assets and claims relating to property promised to a party during the lifetime, called estoppel claims.
Claims may be brought by those who have a right to property that has been disposed of under a Will. For example, a property may have been promised by the deceased to someone who has relied upon that promise, but when the Will is read the deceased has left that property to somebody else. Property can include assets such as land, buildings, shares, investments and savings.
Entitlement can often arise where the person who has been denied their asset made a contribution towards its purchase, whether monetary or otherwise, in the belief that there was an agreement that they would one day receive what was intended to be left after the death of the paper owner. This situation can give rise to what is called a "Trust".
There may be little or no documentation of the intention of the parties, particularly if it was a family arrangement. This can lead to a dispute as to whether the contribution was a loan, a gift or the acquisition of a percentage share in the asset purchased.
For further information on trust disputes and to find out how we can help you, please contact our Will and Trust Disputes Team on 01279 755777 or get in touch with Daniel Winter, Partner in our Will and Trust Disputes Team.