Walkers' Trust Disputes Group was formed in response to client demands for a group with centralised expertise in contentious matters and resolving problems involving trusts and estates. We act for trustees, protectors, enforcers, executors, beneficiaries and guardians. We also work behind the scenes, or together with our Private Trusts Group, advising on a wide range of contentious issues concerning the constitution or administration of all types of trusts. Often our greatest success is devising a solution that avoids any (or at least protracted) litigation.
We have advised in several large international trust and estate disputes, involving allegations of breach of trust in respect of investment or administrative powers, fraud and asset tracing, protector issues, probate disputes and many other issues. We have acted in numerous cases where we have applied for directions on behalf of Trustees in relation to, among other things, beneficiaries’ requests for disclosure of documents or information, the mental capacity of a settlor where that is in doubt, approval of compromises and/or proposed exercises of the Trustee’s powers, Hastings-Bass applications and in relation to applications for rectification or variation of trusts or for construction of trust documents. On occasion, we have applied for and obtained prohibitions on the reporting of proceedings in which we have appeared where the matter is highly sensitive or confidential or involves high-profile individuals, families or institutions.