The team can advise and assist you on any, and all, issues regarding trusts and estates disputes
The team regularly gives advice on complex and cross-jurisdictional issues where matters become more intricate, and can find themselves resulting in litigation.
Trusts and estate disputes are on the increase. Reasons include a growing ‘blame’ culture, a willingness to deal with unpopular trustees, personal representatives or unwelcome decisions through litigation, and a perception that trustees and personal representatives have deep pockets and are a soft target.
The MannBenham team provides advice and support in trusts and estates disputes, in both domestic and international cases. While fully equipped to provide robust representation in court, we are experienced in various forms of alternative dispute resolution (ADR) and prioritise reaching a settlement away from the risk and publicity of litigation where possible.
Trusts and Estates Disputes | What we do
The MannBenham team are known for their experience sensitive handling and confidentiality and has experience in dealing with estates matters and have been instructed by trust companies acting as a trustee, Protectors, trust executors, personal representatives and individuals claiming against an estate..
The MannBenham team is recognised for providing a full service to private clients and its strength in the handling of trust disputes.
The team also advise where the trustees fail to distribute trust property correctly or do not have trust accounts prepared.
The team regularly give advice on complex and cross-jurisdictional issues including: will and legacy disputes, family provision claims (proceedings under the Inheritance (Provision for Family and Dependants) Act 1982, disputed Power of Attorney matters and disputes regarding the administration of estates including claims against executors and trustees.
Areas of Expertise
The MannBenham team’s area of expertise include but is not limited to:
- Court proceedings concerning what is referred to as ‘internal’ claims (such as claims for compensation for a breach of trust or for removal of trustees or protectors) and ‘external’ claims (such as from a creditor, former spouse in divorce proceedings or heir of the settlor attacking the validity of the trust).
- Trust disputes
- Inheritance Act claims
- Pre-death agreements
- Contesting a will
- Contentious probate
- Professional negligence
- Challenging a lifetime gift
- Financial abuse
- Defending a contested will
We have advised and represented trustees on:
- Impact of foreign Freezing Orders
- Impact of Manx Court Orders made under the Isle of Man Proceeds of Crime Act 2008
- Effect of foreign confiscation order
- Trustees being sued by liquidators
- Sham trusts
- Constructive trusteeship
- Trusts and foreign divorces
- Resolving disputes between trustees and beneficiaries
- Applying to Court for directions
Talk to the team today
If you need to talk to someone around financial litigation then email a member of our team or call to arrange a free consultation with them today.
|Christopher Webb||E: email@example.com||T: +44 (0)1624 639359||M: +44 (0)7624 497169|
|Chris Grimson||E: firstname.lastname@example.org||T: +44 (0)1624 639982|
|Miles Benham||E: email@example.com||T: +44 (0)1624 639351|
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