Caught in the Middle: Trustees, Executors and Litigation Decisions

Join James Saunders as he delivers the next webinar from our Trusts, Wills & Estates Practice.

This talk will explore the duties owed by trustees and executors when holding claims and when facing them, their powers to litigate and compromise and the means available to safeguard against liability and costs risks.

Content:

Duties

• What are the duties of trustees/executors when they hold claims against others?
• What are their duties when they are faced with claims against the trust property or estate?
• What does duty require when a disgruntled beneficiary demands a claim be pursued?
• How can administration be unlocked in the face of claims which are not being progressed?

Protection and Powers

• What protections can trustees/executors obtain from beneficiaries and their rights as fiduciaries?
• What protections can be obtained from the court via a range of claim-related applications?
• When is each type of application appropriate and useful?

Costs

• How do costs operate in hostile trust/estate disputes?
• How does the costs regime inform trustee/executor duties and decisions?

James is “an excellent advocate who offers practical advice, intellect of the highest calibre and great attention to detail” praised for his “encyclopaedic knowledge”, whilst being “really user-friendly” and “very commercial” (Chambers and Partners 2025&2026)