Introduction

Trusts commonly feature in relationships – particularly where one or both parties are in business, where there is significant family wealth, or where one party has been through a separation before and thinks that a trust will help to protect their assets against future claims.

This book summarises the kinds of claims made against trusts after a relationship has broken down, and then explores what trustees should be thinking about doing when a relationship begins, when it has ended (including during litigation), and when documenting a relationship property settlement which includes trust property.

Trustees are often seen as something of a side show when relationships begin or during relationship property disputes, with the relevant settlor the one “calling the shots”. However, trustees have their own obligations to be aware of. Trustees and their advisors should understand the potential value they can add during the relationship lifecycle, as well as understanding the most common pitfalls trustees will face.

This book will consider:

• The most common claims made against trusts;
• Considerations for trustees at the outset of a relationship, and documentation to protect  trusts;
• Considerations for trustees when a relationship breaks down, and how they should conduct themselves during litigation; and
• Documenting relationship property and trust disputes in a manner consistent with trustees’ obligations and interests.

Content outline 

• Part 1 – Overview of the relevant legislation and common law
• Part 2 – When the relationship begins
• Part 3 – Separation
• Part 4 – Documentation after separation