Vicki McLynn considers the question of the interests of third parties in financial remedy proceedings ‘When the family court is determining a dispute between a spouse and a third party it must be approached on the same basis as if it were being determined by the Chancery Division.’ The issue of third-party interests in financial …
Continue reading "Third Parties: To join or not to join?"
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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...
Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
Continue reading "Intervenors: Shared interests"
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