An Offshore Perspective on How To Deal with Divorcing
Beneficiaries
When beneficiaries divorce, offshore trustees can often find
themselves in a difficult position. Trying to balance the interests
of all those with an interest in a trust is never easy at the best
of times and is even less so in the face of increasingly hostile
attacks from the English (or foreign) Family Courts. This article
considers the most common forms of attack on offshore trusts and
their structures in such situations and how best offshore trustees
and their advisers can deal with them.
In recent editions of P.C.B., Alison Bull1 and James
Finch2 have provided an English perspective on how to
protect trusts and deal with disclosure requests where one or more
beneficiaries are involved in a matrimonial dispute. It has often
been the case that offshore trusts, by their very nature designed
to be outside the English sphere of influence, can be overlooked at
the start of such disputes. Often the