Advice for trustees

You may wonder why trustees would need to seek advice on family law but it is surprising how often trustees of family trusts find themselves having to work through difficulties created by divorce of either the settlor or one of the beneficiaries. There has been much trust litigation in Jersey which has divorce at its root. At Corbett Le Quesne we do not provide advice on trusts but we can advise trustees of the obligations of disclosure and potential recourse to trust assets on divorce.

It may well be that once having received advice about the potential consequences of divorce on trust assets the trustees may wish to include a clause in future trust instruments insisting that beneficiaries enter into a relationship agreement (either a pre- or post-nuptial agreement) before being eligible to receive trust assets. We can advise in respect of the wording of such a clause and also assist with the relationship agreements themselves. 

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