Wills & Trusts Law Reports | May 2015 #149This was an appeal from a judgment of the Chief Justice dated 12 March 2013 and his subsequent order of 24 April 2013 which required the trustees of a trust to produce financial information to a beneficiary of the trust who was interested in 35% of the trust fund (the minor beneficiary). This appeal was brought by the appointed protector of the trust who was also the principal beneficiary of the trust.
The trust deed contained an information control mechanism (clause 9.2 of the trust deed) which prevented the disclosure of financial information to a beneficiary unless the prot...
Wills & Trusts Law Reports | April 2013 #128B had created the W Settlement (the trust) in 1989 as one of a number of settlements created for the benefit of B, his three sisters, their issue and their remoter issue. As the settlor, B and any wife of his were expressly excluded from benefit under the trust (but not from the other family settlements).
B and his wife Q had been involved in divorce proceedings before the Family Division of the High Court (the English court) for three years. It was considered that the trust’s value (some £2.5m based on publicly available information) greatly exceeded the other settlements&#...
Jonathan Hilliard provides a welcome review of information rights under trusts from Schmidt v Rosewood up to present day ‘While many jurisdictions contain statutory codes relating to disclosure, few of them are likely to be entirely exhaustive and therefore it will be necessary, at least at the fringes, to decide on the appropriate approach outside …
Continue reading "Disclosure: Knowledge is power"
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Jonathan Harris considers the European and international aspects of Granatino v Radmacher and its aftermath ‘The so-called Brussels II bis Regulation normally requires an English court to entertain divorce proceedings in a broad range of circumstances, and has largely stripped the English courts of the discretion to weed out cases more appropriately heard overseas.’ Granatino …
Continue reading "International Focus: Crossing borders"
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