Trusts: A safe foundation

Claire Blakemore suggests that when dealing with trust assets, even the powers of the family courts have their limits ‘Any inconsistencies between how the trust is used or the trust documentation and the presentation to the court can have a significant impact on the outcome.’The law on the treatment of trusts on divorce is constantly …
This post is only available to members.

Costs: Behaving badly

Lyn Ayrton and Claire O’Donnell suggest that costs orders penalising ‘litigation conduct’ may be on the rise and discuss some recent cases ‘There has been a notable increase in reported cases in which the court has made substantial costs orders for various aspects of litigation conduct.’There are two main types of conduct that may be …
This post is only available to members.

Trusts: An elaborate charade

Financial remedy case Joy v Joy-Morancho [2015] has valuable pointers for practitioners. Alexandra Hirst and Sofie Hoffman examine the outcome ‘The sensible approach must surely be to continue to tread carefully and advise trustees to be cautious when taking any steps which might render the trust susceptible to an argument that it has been nuptialised …
This post is only available to members.