Avoiding trust disputes

By Lancashire Business View

13 Aug 2018

ben-wilson-forbes-1000x500.jpg
Trust disputes: Acting as a trustee is often an altruistic endeavour, however if a trustee does not properly discharge their duties, they can find themselves in hot water.

By Ben Wilson, a ssociate – contentious trusts and probate, Forbes Solicitors

There are numerous duties that a trustee needs to be fully aware of in order to avoid potential issues.

Firstly, trustees are not entitled to be paid for their time unless allowed by either statute or the written trust deed.

Secondly, trustees need to control the trust property and be aware of the nature, circumstances and terms of the trust.

Once up to speed, they must inform beneficiaries of their position, supplying them with required information.

Acting impartially and maintaining the appropriate standard of care in the management of the trust and exercise of discretions will help in avoiding trust disputes. Trustees should disclose circumstances which might cause them to exercise powers improperly and obey the lawful terms of the trust deed.

Trustee duties also include only investing in authorised investments, not entering into personal transactions with trust property, paying the right persons and being ready to produce accounts.

Finally, a trustee, when exercising their powers, act: a. Within those powers; b. Honestly; c. In the interests of beneficiaries; d. Without delegation, except as permitted. There can be serious liabilities if any loss is caused to the beneficiaries from the breach of duties. As such, the role of a trustee can be onerous and should not be entered into without proper consideration of the extent, obligations and responsibilities of the trust.

Latest news

1

Personnel Checks acquires Manchester screening provider Know Your Candidate in six-figure deal ack Mellor Personnel Checks and Barry Hetherington From KYC

Personnel Checks acquires Manchester screening provider Know Your Candidate in six-figure deal

10 Mar 2026

2

AFD Systems forms strategic partnership ORCA Oceanic Systems AFD Systems and Orca

AFD Systems forms strategic partnership ORCA Oceanic Systems

09 Mar 2026

3

Lancashire engineering firm teams up with Icelandic energy company Ritherdon deal with Icelandic energy company

Lancashire engineering firm teams up with Icelandic energy company

06 Mar 2026

4

Burnley chosen for second-ever digital and tech festival Leon Caverley Door4 Mark Edwards Seriun Cat Mawdsley Northern Reach Dave Walker and Liz Wilkinson Brandlifi

Burnley chosen for second-ever digital and tech festival

05 Mar 2026

5

CRC Evans accelerates global growth strategy Steven Mackay

CRC Evans accelerates global growth strategy

05 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin