Q&As

In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 20/02/2019

The following Private Client Q&A produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?

In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?

The Practice Note: Termination of trusts—methods of termination explains that, where an express trust is completely constituted, it is generally binding and irrevocable whether or not it was constituted or declared for valuable consideration. Furthermore, if the trust is validly created and the settlor is not a beneficiary, the settlor has no legal right to interfere with the trustees to change the terms of the trust or to terminate the trust, unless such rights are specifically reserved in the trust instrument.

A settlement

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