First published in the Financial Times on 1 January2025

Suzanna Brown has been featured in the Financial Times, discussing the division of assets on divorce, where those assets include family trusts, in the article Should trusts be included in our divorce settlement?

Suzanna explains the duty of full disclosure of all assets, regardless of value. She highlights the need for any trust interests to be disclosed with that information to include the extent to which a spouse is a beneficiary or the trust is a resource available to be divided or meet needs. A solicitor will be able to look at the documentation provided to ascertain the trust’s history and therefore its relevance. They can consider whether it may be possible to vary a trust too having regard to whether it is a “nuptial settlement” made for the benefit of the parties to a marriage or a spouse.  

Suzanna also highlights the fact that specialist advice may be required to determine a trust’s value and liquidity.

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