In many high net worth cases, complex dynasty trusts will have been established and issues will arise in relation to whether such trusts have a nuptial element and/or whether there is an expectation that such trusts will provide or continue to provide for family members. These cases often involve complex issues of disclosure against third parties including trust management companies that may be situated abroad. They also involve complex evidential issues about the extent to which the trustees make distributions of capital and/or income to beneficiaries and issues relating to settlors’ intentions. The members of the Harcourt Finance Group have extensive experience in cases involving family trusts.
In other cases, families often establish trusts in order to manage inheritance planning. These trusts may feature in cases in which family assets are insufficient to meet needs and there may be arguments about the extent to which such trusts should be considered resources in a financial remedy case. Our members are experienced in advancing and rebutting arguments of this nature.