If you are stuck in such a situation, here is what to do.

Ms. Eleanor Vance was recently informed by her elderly uncle, Mr. Arthur Pendelton, that he had placed his home in Bristol into a trust for the benefit of her and her siblings approximately ten years ago. Mr. Pendelton established the trust at the same time he made his will, and he believes the will references the trust arrangement.

Unfortunately, Mr. Pendelton has since misplaced both the will and the formal trust deed. He has a vague memory of using an online service called “QuickWills Online Ltd” to prepare the documents, but this company appears to be no longer trading. Acting on this information, Ms. Vance conducted a search with HM Land Registry and confirmed that the legal owner of her uncle’s property is a company named “Apex Property & Legal Services,” which is the legal division of a local estate agency.

When Ms. Vance contacted Apex Property & Legal Services, they refused to discuss the matter. They would not confirm or deny whether she was a beneficiary, citing a duty of client confidentiality to Mr. Pendelton. Ms. Vance is now in a difficult position, unsure if the trustee’s refusal is legally sound and what steps she can take to clarify her rights.

Advice in such cases

The relationship between a trustee, the person who creates a trust (the settlor), and the beneficiaries is governed by strict legal duties. While a trustee owes a duty of confidentiality to the settlor, their primary and overarching duty is to administer the trust correctly for the benefit of the beneficiaries.

A beneficiary, or even a potential beneficiary with a reasonable basis for their belief, has a right to request information about the trust. An outright refusal by a trustee to provide any information at all is legally questionable. The easiest solution is for the settlor, Mr. Pendelton, if he has mental capacity, to provide a written instruction to Apex Property & Legal Services, authorising them to disclose the trust documents to Ms. Vance. If this is not possible, a formal legal approach is necessary.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The duties of trustees and the rights of beneficiaries in the UK are primarily governed by a combination of case law (common law) and statute. There is no single section of an Act that you can point to for an automatic right to information.

• Common Law and Equity: The foundational principles are found in trust law, which has developed over centuries. The key modern case is Schmidt v Rosewood Trust Ltd [2003]. This case established that the court has an inherent jurisdiction to supervise and intervene in the administration of trusts. A beneficiary’s right to see trust documents is not absolute, but is part of the court’s power to ensure the trust is being properly managed. The court will balance the beneficiary’s interest against any valid reasons for confidentiality.
• Trustee Act 2000: This Act modernised many of the powers and duties of trustees but does not explicitly detail the right to information. It sets the professional standards that trustees are expected to meet in their administration of the trust.
• Data Protection Act 2018 (UK GDPR): As a potential beneficiary, you are a data subject. You could make a Subject Access Request (SAR) to the trustees for any personal data they hold on you. While this may provide some information, it can be limited by exemptions such as legal professional privilege or where it involves the data of other individuals (like other beneficiaries or the settlor).

If you are the complainant

As the potential beneficiary, your objective is to get a copy of the trust deed or, at a minimum, written confirmation of your status as a beneficiary. Your first step should be to work with your uncle to see if he can provide a direct instruction to the trustees. If that fails, you should instruct a solicitor to send a formal “Letter Before Action” to the trustees. This letter will state your belief that you are a beneficiary, explain the basis for this belief, and formally request disclosure of the relevant trust documents, citing the court’s supervisory jurisdiction as established in Schmidt v Rosewood.

If you are the victim

The trustees are in a position of significant power and responsibility. They owe a fiduciary duty to the trust’s beneficiaries. While they also have a duty of confidentiality to the settlor (Mr. Pendelton), this duty is not absolute and does not typically extend to refusing to identify the beneficiaries to themselves. Citing “client confidentiality” as a blanket reason for non-disclosure is a weak position if challenged legally. A reasonable trustee, when faced with a credible claim from a potential beneficiary, should take steps to verify the claim and, if confirmed, engage appropriately. Their refusal to engage at all could be seen as a failure in their administrative duty.

How the police behave in such cases

The police have no role in disputes over trust administration. This is a purely civil matter concerning property and equity. It must be resolved through direct communication, negotiation via solicitors, or, as a final resort, an application to the High Court (Chancery Division).

FAQs people normally have

• Can trustees legally refuse to tell me if I’m a beneficiary?
  They can, and often do, initially cite confidentiality, especially while the settlor is alive. However, this position is not unchallengeable. A beneficiary has a legitimate interest in holding the trustee to account, and the court can order disclosure if it is deemed necessary for the proper administration of the trust.
• What happens if the original trust document is lost forever?
  This is a serious complication, but not necessarily insurmountable. The court can permit the terms of a trust to be reconstructed based on other evidence. This might include copies of documents, notes from the solicitor’s file who drafted it, and witness statements from people involved in its creation, including the settlor.
• Will I have to go to court to resolve this?
  Court should always be the last resort. Often, a formal letter from a solicitor demonstrating that you understand your rights and are prepared to enforce them is sufficient to persuade a trustee to provide the necessary information. Litigation is expensive and time-consuming for all parties.

What evidence is required?

• Any emails, letters, or notes from your relative that mention the trust or your position as a beneficiary.
• A copy of the title register from HM Land Registry for the property, which proves who the legal owners (trustees) are.
• Your personal identification documents to prove you are the person named.
• Ideally, a signed letter of authority from the settlor (your uncle) instructing the trustees to speak with you.
• If the matter proceeds, you will need to prepare a formal witness statement setting out the facts as you know them.

How long will the investigation take?

This is not a formal investigation but a legal process. The timeline can vary greatly. If a solicitor’s letter resolves the issue, you could have your answer within a matter of weeks. If the trustees remain uncooperative and court proceedings are required, the process could take from several months to over a year to reach a final hearing, depending on the court’s timetable and the complexity of the arguments.

Advocate Sudhir Rao, Supreme Court of India