Inheritance and Trusts Disputes Solicitors

The reasons for bringing an inheritance claim can be broad and varied, from questions over the validity of wills, including mental capacity issues and undue influence, to claims for financial provision and disputes with executors. No matter the cause of your dispute, inheritance solicitors can talk you through the process and your options and resolve the conflict for you, whether through mediation, negotiation, or court proceedings.

There are many different types of trust that can be set up depending on how you want to control your assets. The main types of trust are:

• Bare Trusts
• Interest In Possession Trusts
• Discretionary Trusts
• Accumulation Trusts
• Mixed Trusts
• Settlor-Interested Trusts
• Non-Resident Trusts

You can read more about each of the trusts, including an example of when you may consider using one, on the gov.uk website.

A trust is a legal arrangement where you give your assets (such as cash, property or investments) to someone else so they can look after them for the benefit of a third person.

They can be used as a way of protecting your wealth and maintaining its value for the benefit of others, as well as a way of protecting your assets for your own benefit, such as the impact on your personal tax affairs.

You can read more about trusts and the top ten things to consider before preparing a trust here.

There are many benefits of a trust, and each type will have different advantages depending on personal circumstance. A few examples of benefits include:

• To protect your wealth and pass on assets when you die
• For efficient inheritance tax planning
• To provide for those who are too young to legally inherit and manage their own affairs or assets.
• To support someone who can’t manage their own money, either because they aren’t good with money management, or because they lack mental capacity to do so.

You can read more about trusts and why you should consider one here.

Examples of inheritance and trust disputes can be broad and varied; from questions over the validity of wills, to claims for financial provision and disputes with executors.

Common scenarios in which trustees and beneficiaries may encounter disputes include:

• A beneficiary was expecting more than what is set out in the trust document
• The trust was set up by an individual who was not of sound mind at the time of setting it up
• The individual who set up the trust was provided with negligent or misleading advice
• The trust document is either incomplete or unclear about the wishes of the deceased
• A trustee acts against the best interests of the beneficiary, or doesn’t administering the trust correctly