Trusts—using trusts or property law in financial proceedings

Copyright © 2025 LexisNexis
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper
Practice notes

Trusts—using trusts or property law in financial proceedings

Copyright © 2025 LexisNexis

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper

Practice notes
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This Practice Note considers trusts and property law that may be applicable in family proceedings including invalid or sham trusts and property law issues such as proprietary estoppel and improper transfers. It also looks at the circumstances in which the use of such law may assist a party in family proceedings and the evidence required to put forward property or trusts law arguments.

The court may vary a settlement within the meaning of section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5, Part 2 to the Civil Partnership Act 2004 (CPA 2004) (see Practice Note: Trusts—variation of a nuptial settlement) or treat trust assets as a financial resource of one of the parties (see: Introduction to trusts within financial proceedings—Trusts as a financial resource). The court may also bring trust assets into account by making findings and/or granting relief based on trusts or property law that go to the substance of relevant trust arrangements.

The main trust/property law considerations for the family law practitioner are whether:

Rebecca Dziobon
Rebecca Dziobon

Senior knowledge lawyer, Penningtons Manches Cooper

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Trust definition
What does Trust mean?

An equitable obligation (ie a duty imposed by the law of equity), binding the trustee to deal with property over which he has control (the trust property), for the benefit of persons (the beneficiaries), of whom the trustee may be one, and any one of whom may enforce the obligation.

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