Family and trusts: Forewarned is forearmed

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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Charities: Tainted gifts

What should charity trustees do when they cannot even give money away? Josh Lewison discusses ‘If the point of the charity is to improve the public standing of the Lecter family, and it can no longer achieve that goal, then there may be nothing to be gained by continuing.’ A number of recent news items …
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Financial provision: Looking beyond the evidence

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

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 …
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