Continue reading "Enforcement: Out of reach"
M v M & ors [2013] EWHC 2534 (Fam)
Wills & Trusts Law Reports | December 2013 #135The transcript of this judgment is reported in part from para 164 onwards and starts with a discussion of the law. No part of the report provides a factual narrative.
Held (allowing the wife’s claim for financial relief):
The court had power on divorce to order a party to the marriage to transfer to the other party such property as may be so specified to which that party was entitled, either in possession or reversion. In this case almost all the wealth created by the husband during the course of the marriage was held through offshore company structures and the ques...
Prest v Petrodel Resources Ltd & ors [2013] WTLR 1249
Wills & Trusts Law Reports | September 2013 #132Michael Prest (husband) and Yasmin Prest (wife) were married for 15 years and had four children before the wife petitioned for divorce in March 2008. During the marriage the matrimonial home was in England, though for most of the time the husband was found to be resident in Monaco and there was also a second home in Nevis. Petrodel Resources Ltd (PRL), which was incorporated in the Isle of Man, was the legal owner of the matrimonial home and five other residential properties in the United Kingdom. PRL was part of a group of companies, one of which was the legal owner of two more resident...
Financial Provision: Open and shut case?
Continue reading "Financial Provision: Open and shut case?"
DR v GR & ors [2013] EWHC 1196 (Fam)
Wills & Trusts Law Reports | July/August 2013 #131A post-nuptial settlement (being a Jersey discretionary trust) was created by a husband and wife in 1986. The trust owns a Liberian company, which in turn owns a UK company that owns two UK companies. The main company assets are two UK retirement villages. The beneficiaries included the husband and wife and two minor children.
During divorce proceedings the wife applied for a variation of the settlement.
Over the course of proceedings the trustees of the Jersey trust and the companies were all joined as parties. In both cases no application was made for joinder and no not...
The Trustees of David Zetland Settlement v HMRCC [2013] UKFTT 284
Wills & Trusts Law Reports | July/August 2013 #131The appellant trustees appealed from a notice of determination dated 16 February 2010 whereby HMRC refused inheritance tax business property relief on the basis that immediately before the ten-year anniversary on 22 September 2007, none of the property comprised in the settlement was relevant business property for the purposes of s104 of the Inheritance Tax Act 1984 (IHTA). HMRC contended that the business was excluded under s105(3) IHTA in that it consisted ‘mainly of… making or holding investments’.
The principal asset of the settleme...
Financial Provision: Divisional conflict
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Financial Provision: Predictions on Prest
Continue reading "Financial Provision: Predictions on Prest"
Company: Dance of the corporate veil
Continue reading "Company: Dance of the corporate veil"
Trusts And Divorce: Piercing the corporate veil
Continue reading "Trusts And Divorce: Piercing the corporate veil"