Family and trusts: Forewarned is forearmed

Withers LLP | Trusts and Estates Law & Tax Journal | December 2019 #212
Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …

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Financial provision: Looking beyond the evidence

Vardags | Family Law Journal | April 2019 #185
Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality ‘In addition to their use of trust-owned properties, both husbands in Quan and Joy had access to what Mostyn J described as ‘‘financial assistance kindly given”.’ In Quan v Bray [2018] …

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Trusts: Defined purpose

Weightmans LLP | Family Law Journal | October 2017 #170
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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Trusts: An elaborate charade

Boodle Hatfield LLP | Trusts and Estates Law & Tax Journal | January/February 2016 #173
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

Vardags | Trusts and Estates Law & Tax Journal | July/August 2015 #168
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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