Trusts: Defined purpose

Fiona O’Sullivan analyses the approach of the Court of Appeal in a case concerned with charitable trust assets ‘Quan v Bray reminds practitioners of the importance of considering family law issues at all stages of trust planning and management.’ In Quan v Bray [2017] the Court of Appeal had an opportunity to consider the status …
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Nuptial Settlements: Consistency is key

Claire Blakemore and Jemma Thomas give the lowdown on trusts and divorce ‘There are examples of cases where the trust was not managed consistently with all of the trust documents. This can be damaging to those seeking to protect trust assets on divorce.’Establishing whether the court is likely to view the trust as a nuptial …
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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 …
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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 …
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Nuptial Settlements: Break it up

Antonia Barker outlines P v P, which sheds light on the circumstances in which a trust will be considered a nuptial settlement ‘Practitioners should be aware that even where the ultimate trust is not a nuptial settlement, any individual settlement of an asset into that trust, or even the right to occupy a trust property, …
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