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, to include discretionary interests.
It confronts the widely but wrongly held belief that discretionary interests are protected because the beneficiary does not have control over the disposition.
We will explore cases where discretionary beneficial interests have been shared on divorce as well as cases where the settlors intentions to avoid disposition have been successful.
We also explore the risk of “Nuptial settlements” where a family court might have unlimited powers to vary arrangements to include
- Varying beneficial interests;
- Changing the class of beneficiary;
- Changing trustees; or
- Winding up the settlement altogether
This course is designed as a follow on to Neil Denny’s introduction to family law on estate planning to provide a more in depth look at these particular features.
A 3 hour course presented online looking at reported precedent cases and the relevant matrimonial statutes.
Tutor: Neil Denny
Dates for 2024:
- 18th April, 9:30-12:30
- 18th April, 1:30-4:30
- 5th September, 9:30-12:30
- 5th September, 1:30-4:30
- 5th December, 9:30-12:30
- 5th December, 1:30-4:30
SWW Member Rate: £70
Non-Member Rate: £100
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