Claims Against Trustees & Other Fiduciaries
We regularly advise clients on bringing and defending claims against trustees, executors, professional trustees, and other fiduciaries for breach of trust, breach of fiduciary duty, and professional negligence.
Breaches may arise where a trustee fails to uphold their express duties under the trust instrument or other obligations established by the courts. Common examples include:
- Distributing assets to individuals not named in the trust.
- Failing to invest trust funds in accordance with statutory or express powers.
- Profiting personally from the trust, such as transferring assets to a business they own or control.
- Acting negligently or recklessly in administering the trust, to the detriment of beneficiaries.
Where removal of a trustee or executor is necessary, we provide clear guidance on the process and can assist with any associated removal applications.
Court of Protection work
We provide guidance to clients regarding applications to the Court of Protection. This is a specialist court which deals with decisions on behalf of individuals who lack the mental capacity to make them independently and have not previously appointed an attorney.
These matters often arise in emotionally sensitive and complex circumstances, and our team is experienced in guiding families, carers, and professionals through the process with clarity and compassion. The Court has the authority to appoint ‘deputies’, who are empowered to make decisions relating to property, financial affairs, and personal welfare.
