Rachel Waller, contentious trusts, wills and estates partner at Excello Law, has written for Financial Times publication FT Adviser about the circumstances in which a court might decide to remove trustees. In an article published in January 2026, Rachel explains how advisers can help prevent trustee-beneficiary disputes escalating, using the recent case study of Smith vs Campbell & Others [2025] as an example and cautionary tale.
The judgment is a clear reminder that even the most carefully crafted succession plans can falter when personal relationships break down. The court will not remove trustees lightly, but hostility that threatens impartial decision making can undermine proper trust administration.
In this case, the court held that the trustees’ entrenched attitudes and personal animosity created an unacceptable risk to the beneficiaries’ interests.
Rachel’s practice
A specialist in handling wills, estates and trusts disputes, as well as Court of Protection cases, Rachel frequently acts for vulnerable clients and she has extensive experience of dealing with difficult family dynamics, coercive control and intimidatory behaviour. She also has experience in resulting claims such as professional negligence, injunctions and fraud matters, and with inquests.
Formerly a solicitor working in the Official Solicitor and Public Trustee’s Office, Rachel had also previously established and headed the Contentious Probate/Court of Protection Team as a partner at Bishop & Sewell LLP.
FT Adviser
With CPD-eligible content formally accredited by the Chartered Insurance Institute, the Chartered Institute for Securities & Investment, and the London Institute of Banking & Finance, FT Adviser is a database for insights from leading professionals in their relevant sector. Visit the FT Adviser CPD section to learn more.
