A v A [2009] WTLR 1 – Law Journals

Trusts: Divining intention

Abigail Lowther considers sham trusts and their effect on financial claims ‘A sham must be a sham at the point of its creation – it cannot subsequently become a sham because of the changed intentions of one or both of the parties.’ In ND v SD [2017] Roberts J considered sham trusts, the beneficial ownership …

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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 …

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Tchenguiz-Imerman v Imerman [2013] EWHC 3627

Wills & Trusts Law Reports | January/February 2014 #136

Beneficiaries of a number of offshore discretionary trusts were joined as parties on their application to contested financial remedy proceedings. The court had made an order that these beneficiaries should disclose copies of documents provided to them for the purposes of an application that had been made to the Royal Court of Jersey (RCtJ) by the trustee of some of those trusts. The RCtJ had given the beneficiaries permission to make such disclosure if they were ordered to do so but expressed concerns about and invited the court not to require such disclosure [2012] (2) JLR 51.

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Prest v Petrodel Resources Ltd & ors [2013] WTLR 1249

Wills & Trusts Law Reports | September 2013 #132

Michael 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...