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Welcome to our 15 minute sample CPDcast on Trusts in Ancillary Relief.

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About this CPDcast

Law Category:
Family Law
Contributor(s):
Course Aims:

This course provides an update for practitioners in family law or those with an interest in the area of ancillary relief. It examines the law relating to trusts in ancillary relief and how these have been interpreted in recent cases. It also provides commentary on the recent case of Charman.

Outcomes:
After completing the course you will:
  • Understand the key issues arising from recent decisions on trusts and ancillary relief;
  • Know the circumstances when an allegation of a sham can be made against a trust;
  • Understand the recent decision in Charman v Charman in the House of Lords;
  • Understand the circumstances when a trust may be considered to be 'dynastic';
  • Have a clear picture on the practical issues around spouses seeking to vary trusts;
  • Understand the implications of different geographical locations of assets held in trust;
  • The effect on recent cases on the line of reasoning from Thomas v Thomas.
Accredited CPD Time:
30 minutes
Level:
Intermediate Intermediate
Sources and References:
  • AvA & St George Trustees. [2007] EWHC 99;
  • Charman v Charman. [2007] EWCA Civ 503;
  • Mubarak v Mubarak. [2007] EWCA Civ 879;
  • C v C. [2003] 2 FLR 493;
  • Thomas v Thomas [1995] 2 FLR 668.

This podcast considers some of the trusts in ancillary relief. The main issue discussed is the manner in which a spouse may seek to gain access to assets held in trust, particularly in the light of the high profile case of Charman v Charman and the impact it is likely to have on future cases.

Lynsey Cade Davis, a barrister at 29 Bedford Row Chambers, interviews Timothy Scott QC and Christopher Wagstaffe, also tenants at 29 Bedford Row to ask their opinions on the issues raised by the recent cases.

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