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Divorce and Family Trusts: Three lines of attack and how to shut them down
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Marcus Dearle & Jessica Henson
Family Asset Protection | BLP Private Wealth
A spouse looking to make a claim over a family trust has three potential lines of attack. Each one can seriously dent family wealth if there is no planned and detailed defence in place. However, there are a number of practical steps ultra-high net worth (UHNW) individuals and their advisers can take to shut down all three lines of attack – and proactively secure family wealth for future generations.
The three lines of attack
- Challenging the validity of the trust.
- Seeking to vary the terms of the trust as a ‘nuptial settlement’.
- Arguing that the trust assets are a financial resource available for division.
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