IMPORTANT UPDATE: COVID-19

Breach of Trust Claims

Trustees have a number of duties which they must comply with to ensure that they act in the best interests of the beneficiaries of the Trust and in accordance with the provisions of the Trust document and law relating to Trusts and Trustees. In particular they must:

  • Keep accounts and records of all transactions relating to the Trust and Trust property
  • Act impartially
  • Provide information to beneficiaries
  • Comply with their obligations under the Trust document

Where Trustees fail to comply with their duties or act in a way which is not authorised by the law or the Trust document, then the beneficiaries can bring breach of trust claims against Trustees. Some of the common causes of action against trustees include:

  • Failure to act impartially
  • Distribution of assets to beneficiaries who are not entitled under the Trust document
  • Making personal gain or profit from the position of Trustee

There are various remedies available to beneficiaries in breach of trust claims which ultimately aim to compensate them for any losses suffered as a result of the breach by the Trustees.

At Ramsdens we act for beneficiaries in these claims as well as for Trustees defending such claims brought against them. For further information and advice, please contact our Trust Disputes team on 01484 558058 or by completing our enquiry form here.