Trust disputes

Trust disputes

Court jurisdiction and procedure

Trusts originate in equity and it is therefore unsurprising that actions involving trusts are heard in the Chancery Division of the High Court. However, the county court has jurisdiction up to its limit in amount or value of claim. The parties can also agree, with limitations, that the county court can hear claims above the limit. There are obvious advantages of locality and cost for a county court to hear proceedings, but they are infrequent.

The procedure for dealing with a claim is set out in the Civil Procedure Rules (CPR).

See Practice Note: Trust disputes—court jurisdiction and procedure.

Applications to the court by trustees

Trustees can often run into problems that they need help with beyond the conventional professional assistance. In those circumstances they can apply to the court for guidance. If they follow that guidance, they are entitled to the protection of the court. However, they must appreciate that in making an application the court will only be concerned to look at what is in the best interests of the trust, not the trustees.

In essence, there is no limit on the

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