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THE TREATMENT OF TRUSTS ON DIVORCE

JULY 5TH 2011 | 04:41 TAGS: TRUSTS

Should trustees and those who advise on the use of trusts to protect assets from broken marriages be concerned about the recent case of Whaley v Whaley [2011] EWCA Civ 617? The Court of Appeal certainly criticised the obfuscation of the husband (whose parents created the relevant trusts) as to the nature of the trusts and the behaviour of the trustees. It is a lesson in how the matrimonial court deals with trust property on divorce.

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