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Trusts and Nuptial Agreements for Trustees Post-Radmacher v Granatino

TBC

Tuesday 30th November

Somewhat paradoxically, a spouse is probably the greatest threat to a person's wealth and his or her family's financial security.

Pre- and post-nups set out how the parties would like their finances to be organised in the event of marital breakdown and can seek to protect all types of asset. Their use has increased significantly as wealthier individuals have sought to protect themselves against the ravages of financial orders on divorce, and they have recently been brought to the fore as a sturdy shield in the wealth protector’s set of arms.

Are they simply matters of private choice between a couple or do they have a wider role to play? Should they be considered for everyone and anyone associated with a trust whether from the outset or now?  Should they be institutionalised in the terms of the trust deed? 

Given that carefully drafted pre-/post-nuptial agreements may be employed to protect the integrity of the trust against attack on a divorce, can Trustees afford to ignore them?

During this presentation, Alan Dart, David Cadin and Maria Liffey, of Bedell Group, dealt with the subject of pre- and post-nuptial agreements in the context of trusts and Trustees' obligations.

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