{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"Talking Family Law - The Resolution Podcast","title":"Trusts and Divorce","html":"","width":"100%","height":180,"duration":3728,"description":"In this episode, Simon takes advantage of Anita’s absence to indulge his favourite topic: trusts and divorce.\n\nSimon is joined by three leading experts in the field:\n\nEmma Hargreaves  is a barrister at Serle Court chambers, specialising in contentious trust litigation.\n\nAbby Buckland is a partner in the family team at Kingsley Napley and was part of the team who were successful in an argument that a trust was a sham in Michael v Michael.\n\nLouise Woolrich is a partner at Carey Olsen in Jersey, specialising in trust litigation.\n\nWe start by going back to basics and exploring what is a trust, and by getting to know the cast of characters who appear in any case involving trusts: the settlor, the trustee, the beneficiary and the protector. We answer the question “what is an offshore trust, and should we always be suspicious of them?”.\n\nWe then travel through the various stages of a case involving trusts from disclosure to enforcement. We consider trusts as resources and nuptial settlements and discuss whether trustees should be joined to proceedings and, if they are, whether they should submit to the jurisdiction. We discuss how trustees can be involved in without prejudice negotiations and FDRs in order to try and bring about settlement. Finally, we look at how to get orders enforced, in England and offshore.\n\nWe look at each aspect from the perspective of the beneficiary spouse, the non-beneficiary spouse and the trustee. Practical tips from our speakers at every stage, whoever you are advising.\n\nAbby refers to a number of key English law cases on nuptial settlements and sham:\nBen Hashem [2008] EWHC 2380\nBrooks v Brooks [1996]\nSnook v. London & West Riding Investments Ltd [1967] 2 QB 786\nThomas v Thomas [1995] 2 FLR 668\nMichael v Michael (No 1) [2024] EWFC 463\n\nLouise refers to key offshore decisions:\n\nDisclosure of trust information\nArticle 29 of the Trusts (Jersey) Law 1984\nRe Rabaiotti 2000 JLR 173\nRe H Trust 2006 JLR 280\n\nSubmission to the jurisdiction\nRe H...","thumbnail_url":"https://img.transistorcdn.com/6KLL2IpaFH3iBShZ7ocYn8lY8fxSACTIJV16OjWXP6U/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9zaG93/LzE5Mjc0LzE2MTcy/NzQ4OTQtYXJ0d29y/ay5qcGc.webp","thumbnail_width":300,"thumbnail_height":300}