Continue reading "Trusts: An elaborate charade"
Dellal v Dellal & ors [2015] EWHC 907 (Fam)
Wills & Trusts Law Reports | September 2015 #152The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.
J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...
Trusts: Available assets
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Nuptial Settlements: Break it up
Continue reading "Nuptial Settlements: Break it up"
AB v CB & anr [2014] EWHC 2998 (Fam)
Wills & Trusts Law Reports | January/February 2015 #146This was an application for ancillary relief following the wife’s divorce petition of October 2012, upon which decree nisi was pronounced on 17 April 2013. At the time of these proceedings the wife was 44 years of age, and the husband was 41. On paper, the husband had almost no assets and a modest income. However, the husband came from a family of great wealth with substantial lands in Pembrokeshire which they had owned for generations. His financial security was therefore absolutely assured.
The wife and the husband had first met in 1999. They had married in February 200...
Divorce: Stuck in the middle
Continue reading "Divorce: Stuck in the middle"
Tchenguiz-Imerman v Imerman [2013] EWHC 3627
Wills & Trusts Law Reports | January/February 2014 #136Beneficiaries 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.
Th...
Litigation Conduct: Drawing inferences
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Divorce And Trusts: Trusting Prest
Continue reading "Divorce And Trusts: Trusting Prest"
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...