Family Trust Structuring

Assets held in a properly structured trust may receive some protection, but courts can still consider trust assets in property settlements. The degree of protection depends on the trust structure and control factors.

Yes, trust distributions received by a parent are generally included in their income for child support purposes. We advise on how trust structures may impact family law obligations.

Consider who will control distributions, succession planning if a trustee dies or loses capacity, and whether corporate or individual trustees better suit your circumstances. We help structure appropriate governance.

Yes, if one party controls the trust, the court may treat trust assets as that party's property. The court can also make orders for trust distributions or restructuring.

Courts consider: (1) is the trust property 'available' to a party, (2) what is the value, (3) contributions and future needs, and (4) whether orders against the trust are just and equitable.

Transferring assets to a trust close to separation can be seen as an attempt to defeat a spouse's claim. Courts can undo such transfers or take them into account in settlement.

Trust assets are valued at market value. Complex trusts may require expert valuations, particularly for business assets, real property, or investment portfolios.

Depending on the trust deed, the appointor or trustee may have power to remove beneficiaries. However, courts can still consider your former interest in property proceedings.

The trustee's personal divorce shouldn't directly affect trust assets, but practical issues arise around control and management. Proper governance structures can help manage these risks.

Yes, you must disclose any interest in a trust, including as trustee, appointor, or beneficiary. Non-disclosure can have serious consequences for your case.