Trusts Barristers

Our team has a vast in-depth knowledge of trusts in all their facets including both the modern evolution of trusts in solving problems arising from cohabitation and estoppels as well as traditional trust areas.

Many members of the team give lectures on these aspects as well as advising and appearing in court. Aspects dealt with on a regular basis include:

  • Joint ownership of land – commonly involving a constructive trust
  • Transactions which fail in part and may involve a resulting trust
  • Trusts imposed by reason of certain circumstances e.g. upon a seller of land between contract and completion, on the survivor in the case of mutual wills or in cases where parties agree only one of them will bid for a property.
  • Trusts arising when a proprietary estoppel is found to exist.
  • Reviewing the key elements for a valid express private trust.
  • Advising trustees on their fiduciary duties.
  • Removal and replacement of trustees (similarly with personal representatives).
  • Disclosure obligations towards beneficiaries.
  • Seeking the guidance of the Court or releasing the trustee's discretions to the Court.
  • Beddoes applications (i.e. protecting trustees as regards litigation costs).

Clerk Contact Information

For further information and enquiries please contact our civil clerks via email or on 0117 930 9000.