Home Disputes Resolving Trust Disputes

Resolving Trust Disputes, Scotland

Trust Dispute Solicitors

At Jones Whyte, we understand that trust disputes can be complex and emotionally charged. Our experienced solicitors are here to provide clear, practical advice and robust representation to help you navigate these challenges.

We can help you with the following:

Advice on Valid Execution of Trusts – Providing guidance on whether a trust has been properly and validly executed.
Removal of Incapable Trustees – Assisting in the removal of trustees who are unable to fulfill their duties effectively.
Challenging Trustee Decisions – Advising on procedures to challenge decisions made by trustees that are disputed.
Disputes Involving Trust Properties – Resolving disputes related to properties held within trusts, ensuring fair and lawful outcomes.

Our team is equipped to assist you with these challenges. We pride ourselves on offering a cost-effective approach to resolving trust disputes, ensuring efficiency and affordability for our clients.

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Is the Trust Validly Executed?

Establishing whether a trust has been validly executed is the first step in resolving any trust dispute. Our solicitors will meticulously review the trust documents, ensuring all legal requirements have been met and that the trust complies with Scots law.

We will:

Examine the trust deed for proper execution and adherence to legal formalities
Ensure the settlor’s intentions are clearly expressed and legally binding
Validate the proper witnessing and registration of the trust.

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Get in contact with our experienced legal professionals today for support with your case.

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Removing an Incapable Trustee

A trustee’s role is crucial to the proper administration of a trust. If a trustee becomes incapable of fulfilling their duties, it can jeopardise the trust’s integrity. Our team can help you:

Assess the trustee’s capability to perform their duties effectively
Initiate legal proceedings to remove an incapable trustee
Facilitate the appointment of a suitable replacement to ensure the trust’s smooth operation.

Challenging Trustee Decisions

Trustees are expected to act in the best interests of the beneficiaries. When decisions are made that seem unfair or detrimental, it may be necessary to challenge them. Our services include:

Evaluating the trustee’s decisions for compliance with the trust deed and legal obligations
Evaluating the trustee’s decisions for compliance with the trust deed and legal obligations
Negotiating resolutions that protect the beneficiaries’ rights and interests.

Property Disputes Within Trust Assets

Property held in trust can often be a source of dispute, particularly regarding ownership, management, and distribution. Our expertise covers:

Clarifying the terms of the trust relating to the property
Resolving conflicts over the use, sale, or division of trust property
Litigating to protect beneficiaries’ rights and ensure fair distribution of trust assets.

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Get in contact with our experienced legal professionals today for support with your case.

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Why Choose Jones Whyte for Trust Disputes?

Expertise: Our solicitors have extensive experience in handling trust disputes and a deep understanding of trust law.
Personalised Service: We take the time to understand your unique situation and provide tailored advice.
Proven track record: We have a history of successfully resolving complex trust disputes, ensuring our client’s interests are safeguarded.