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Other Trust and Estate Disputes

The law imposes obligations on Trustees, Personal Representatives and Attorneys. 

Some of the duties and responsibilities of Trustees are to: 

  • Act fairly between beneficiaries
  • Comply with the terms of the Trust
  • Provide information and accounts to the beneficiaries
  • Act unanimously
  • Act without reward
  • And not make a secret profit from the Trust. 
 

Trustees can fall out with each other and with beneficiaries.  Trustees can apply to the Court for Directions as to how a Trust should be administered.  In extreme circumstances, Trustees or beneficiaries can apply to have a Trustee removed.  Trustees can be made to account to the Trust Fund for any profits they may have made and may be ordered to reimburse the fund for any losses caused by a breach of their duties and responsibilities. 

Personal Representatives are required to take control of the deceased’s assets and arrange for them to be valued and if necessary, sold.  They must account to the Revenue for Inheritance Tax if payable.  Many of those obligations which are placed upon Trustees also apply to Personal Representatives.

Sadly, many disputes of this nature involve family members and often need to be dealt with sensitively and sympathetically. At Stephens Scown, our expert lawyers are on hand to help you deal with all these issues.

Phil

Phil Gregory

Partner

0845 450 5558

Phillip is a partner in the litigation and dispute resolution team and has been with Stephens Scown since 1989. Phillip specialises in private client litigation, with particular expertise in contentious probate, property disputes between co-habitees and other claims arising out of joint ownership of property.

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Charisse

Charisse Crawford

Solicitor

0845 450 5558

Charisse trained with the firm and qualified in September 2009. She is a Solicitor in the litigation and dispute resolution team.

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Philip

Philip Snell

Partner

0845 450 5558

Philip is a partner and works in the Litigation and Dispute Resolution Team in St Austell.

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Catherine

Catherine Brealey

Solicitor

0845 450 5558

Catherine grew up in Cornwall and studied Law and Spanish at Exeter University, before returning to Cornwall upon graduation with a First Class Honours degree.

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This "cohesive and on-the-ball" team continues to impress with its work in the region. The disputes practice enjoys a well-deserved reputation for its extensive construction and property expertise in addition to its general commercial and corporate know-how.

Client Service "The level of service is excellent. They are very good on client care."

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Independent legal guide

Chambers and Partners 2011

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