Trusts in financial proceedings—evidence and procedure
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper
Trusts in financial proceedings—evidence and procedure

The following Family practice note produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • Trusts in financial proceedings—evidence and procedure
  • Initial considerations
  • Service of proceedings
  • Joinder of trustees—procedure
  • Joinder of trustees—considerations
  • Joinder of third party beneficiaries
  • Compelling disclosure
  • Disclosure or inspection of documents
  • Witness summons/evidence by deposition
  • Letter of request

Trusts in financial proceedings—evidence and procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note considers the following procedural and evidential aspects of dealing with trusts within financial proceedings:

  1. service of proceedings

  2. joinder of third parties, see: Joinder of trustees—procedure and Joinder of third party beneficiaries, and

  3. the powers of the court to compel disclosure

Initial considerations

Where either or both parties have an interest in trust assets, the proceedings issued and subsequent procedure will depend on the facts of the case and the application before the court, ie:

  1. consideration may be given to treating trust assets as a resource available to one of the

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