Mediation of trust and private wealth disputes

Disputes we mediate

• disputes between trustees and beneficiaries about the administration of a trust;
• the exercise or non-exercise of trustees' discretions, including distributions and investment decisions;
• requests for information, trust accounts and disclosure of documents;
• allegations of breach of trust and claims for an account;
• the appointment, retirement or removal of trustees;
• disputes between trustees themselves where they cannot agree on a course of action;
• questions about beneficial interests in property, including constructive and resulting trusts and proprietary estoppel;
• disputes concerning lifetime gifts, transfers and family arrangements; and
• related private wealth and family business disputes connected with an inheritance.

Trustees and neutrality

Trustees are often caught between competing beneficiaries and may need to remain neutral while a dispute is resolved. Mediation can accommodate that position: the mediator works with each party privately and confidentially, and trustees can take part while preserving their duties to the trust as a whole. Trustees should take their own legal advice about their position and about the terms of any settlement, including whether court approval or the protection of a particular procedure is needed.

Beneficiaries and minors

Where beneficiaries are minors, unborn or unascertained, the practical route to a binding settlement may require additional steps. These are matters for the parties' legal advisers, and the mediation process can be structured to take them into account.

Format

Trust mediations often involve several parties and separate legal teams. Sessions can be held online, which suits parties in different locations, or in person where that is preferable. A half day is sometimes sufficient for a narrow issue; more complex multi-party disputes usually take a full day.

This page gives general information about mediation and is not legal advice. Parties should obtain advice from a solicitor about their own circumstances.