Busting Dangerous Myths About the Family Trust on Divorce – Online via Zoom
An advanced look at how the family courts can vary trusts and share discretionary interests on divorce.
Course Overview
Busting dangerous myths about the family trust on divorce — why discretionary interests are not protected, and introducing the court’s unfettered power to vary certain trusts and settlements. This advanced-level course explores how the family courts can deal with beneficial interests, including discretionary interests, and confronts the widely but wrongly held belief that discretionary interests are protected because the beneficiary does not control the disposition.
It explores cases where discretionary beneficial interests have been shared on divorce, and cases where settlors’ intentions to avoid disposition have been successful. It also explores the risk of nuptial settlements, where a family court might vary arrangements by varying beneficial interests, changing the class of beneficiary, changing trustees, or winding up the settlement altogether. It is designed as a follow-on to The Impact of Divorce and Separation on Estate Planning.