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ARTICLE · 04 AUGUST 2014

Attacking Offshore Trusts

When beneficiaries divorce, offshore trustees can often find themselves in a difficult position.

GuernseyFamily and Matrimonial

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

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