The Royal Court in Jersey is willing to protect trust assets for certain beneficiaries when the trust is under attack in English divorce proceedings

09 April 2010

In the matter of C Trust Company Ltd v L2 & 2D and MS, KD, JD, MaD and MD [2009 JRC 048].

This case considered whether it was appropriate for the trustees to take steps to safeguard assets for the benefit of certain beneficiaries where two Jersey trusts were under attack in ancillary relief proceedings in the English Family Division.

The judgment endorses the decision in re The H Trust [2006] JLR 2008 that there are occasions when it is important that the English Family Division has the fullest information concerning the financial affairs of the trust. The couple had 3 adult children and they separated in 1991.The husband then commenced a relationship with a new partner MS whom he did not marry. They had two children (who are both minors). MS instructed Withers LLP.

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