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Preserving multi-generational family wealth on death and divorce
Abby Buckland
The Legal 500 - the leading guide to law firms and solicitors in the UK
We are experts at recognising and advising on issues particular to cases involving trusts, such as:
We work closely with a number of trusted offshore and international experts to ensure the right result for you when dealing with multiple jurisdictions. Early engagement with such individuals is essential to ensure the correct approach is taken without offending the offshore jurisdiction.
We work with trustees and settlors before divorce proceedings are contemplated to “stress test” trust arrangements, working collaboratively with our private client department to ensure the full picture is considered. We can advise trustees concerned about the future marital plans of their beneficiaries as to how best to structure a trust to ensure the purpose of that trust can be achieved and preserved for future generations. During proceedings, we work closely with trustees to consider the requests for disclosure and evidence against the trustees’ fiduciary duties to all beneficiaries.
We advise divorcing beneficiaries wishing to protect the trust in the event it is attacked during divorce proceedings and will consider with you the extent to which the court may consider it a financial resource. We understand the need for a sensitive approach where proceedings threaten the interests of family member beneficiaries and advise our clients beyond strict legal principles, offering a well-rounded service.
We work with non-beneficiary spouses to consider the authenticity of the trust and the powers available to the court to make orders against that trust. We will consider with you all of the financial resources in the case and the likelihood of the trust offering a realistic method of financial support. We look ahead to consider enforcement difficulties post final hearing and have these in mind when advising throughout, to ensure you can get the most from your settlement.
Our team has considerable litigation experience, contacts and the all-important instinct which makes us uniquely placed to recognise and understand the issues and strategy required to defend and contest these cases, and to help trustees and settlors plan for the future. We also work closely with and are able to draw on the expertise of lawyers in our contentious trusts and private client teams, which allows us to provide clients with a comprehensive and seamless service.
Recent examples of our team's experience in divorce cases involving trusts include:
If you require further information or advice from our team of specialist family lawyers relating to trusts in the context of divorce, please contact a member of our team or call us on +44 (0)20 7814 1200. Alternatively, click here to get started online and find out where you stand.
"Kingsley Napley "has a very strong family department," say market insiders, who recognise the team's strength in advising high net worth clients on an array of family law matters."
Chambers High Net Worth Guide 2019
"Professional yet sympathetic manner and the team always fights hard to defend your interests"
Chambers UK, A Client's Guide to the UK Legal Profession
"It's a team that has a great breadth of experience across the board and particularly in international cases"
Chambers UK, A Client's Guide to the UK Legal Profession
"All have been excellent and have shown great diligence and practicality, along with sensitivity during a very difficult time in my life"
Client
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