Trust law predominately concerns the separation of legal ownership from the beneficial interest (or entitlement to the benefit) in specific property. Trusts can arise intentionally, by statute or by operation of law.

A trust is a relationship between certain people in which binding obligations are imposed upon certain persons, in respect of certain property over which they have control, which can be enforced by those entitled to the benefit of the property.

The creation and adminstration of trusts is a unique area of English law. Our solicitors have particular experience dealing with complex questions of trust law.

Our experience

  • Advising settlors, trustees and beneficiaries on English trust law
  • Creation of express trusts and lifetime declarations of trust
  • Interpretation of express trusts
  • Variation of trusts
  • Trusts arising by operation of law
    • Resulting trusts
    • Constructive trusts
  • Perpetuities and trusts
  • Transfers of title to trustees
  • Transferring trust assets
  • Validity of and challenges to express trusts
  • Death, retirement and removal of trustees
  • Appointment of new trustees
  • Administrative and fiduciary duties of trustees
  • Causes of action against trustees and other personal representatives
  • Personal liability of trustees for breach of trust and fraud
  • Beneficiaries’ rights to information
  • Sham trusts
  • Estoppel
  • Jurisdiction: Foreign elements of English trust law
  • Proprietary remedies and tracing against trustees and third parties
  • Trusts affecting land
  • Co-ownership and severing a joint tenancy
  • Trusts and insolvency
  • Distributions from a trust fund
  • Quistclose trusts