Members of chambers at every level of seniority deal with all aspects of trusts and trust of land disputes whether contentious or non-contentious and in both commercial or domestic contexts.
We handle disputes about the existence, construction and operation of trusts and our expertise covers claims relating to constructive trusts, resulting trusts, co-ownership of land and proprietary estoppel relating to land and other capital assets. Our members regularly appear in all levels of the Courts and the First-tier Tribunal (Property Chamber) and Upper Tribunal on such disputes.
At Hardwicke, we bring legal expertise as well as commercial and tactical know-how to all types of trust-related disputes whether relating to a commercial or a family arrangement, involving off shore assets, a commercial joint venture or residential property.
Our barristers are committed to considering all relevant forms of alternative dispute resolution at and often act for clients in mediations to reach practical resolutions to disputes. We also have an experienced team of mediators who deal with trust disputes.
Our areas of work include:
- Advising and acting in disputes relating to the construction and rectification of trusts
- Disputes relating to the appointment and removal of trustees including breach of trust claims.
- Acting for trustees in actions against third parties and Beddoe applications
- Applications under the Variation of Trusts Act 1958 and Trustee Act 1925
- Ownership disputes
- Applications under the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’)
- Trust-related professional negligence claims