Q&As

What is the impact of divorce on trust assets, where the husband is the beneficiary to a lifetime defeasible interest in possession trust?

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Published on LexisPSL on 26/09/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • What is the impact of divorce on trust assets, where the husband is the beneficiary to a lifetime defeasible interest in possession trust?

We have understood your query to be as to the impact of divorce on trust assets, in this case a lifetime defeasible interest in possession trust, where the husband is a beneficiary.

There are three methods of approaching trusts on divorce/dissolution:

  1. the variation of nuptial settlements under section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5, Part 2, paragraph 7(1)(c) of the Civil Partnership Act 2004 (CPA 2004, Sch 5, Pt 2, para 7(1)(c))—see Practice Note: Trusts—variation of a nuptial settlement

  2. the use of property/trusts law to attack trust validity and/or to allege the improper transfer of assets to a trust and/or that the trust

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