LIDW25 – Happy marriages and unwinding trusts: Can your spouse be a “victim” of your own sham trust?

4 June 2025, 11.00am - 12.30pm
LIDW25 – Happy marriages and unwinding trusts: Can your spouse be a “victim” of your own sham trust?

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Venue

Fladgate LLP

Timings

4 June 2025, 11.00am - 12.30pm

Overview

Programme

This session will review the law pertaining to sham transactions in the context of trusts and dispositions more generally across a number of common law jurisdictions and will discuss how these transactions may be susceptible to challenge by a spouse under common statutory provisions and in circumstances where that spouse is advancing (as a basis for challenge) the settlor’s own shamming intent.

Speakers

Ian Clarke KC
Call: 1990/2016

Commended the directories for his advocacy, strategic thinking and an ability to navigate complex issues as well as his strong rapport with clients, Ian continues to be ranked in Commercial Chancery, Chancery Traditional, Property and Private Wealth/Trusts, Estates and Probate in addition in Chambers & Partners, Chambers HNW and Legal 500. A unifying theme between these areas is often the establishment of fiduciary duties and their breach.

The core elements of Ian’s practice comprise advising upon and conducting the litigation and arbitration of:

  • substantial commercial contractual disputes, the subject matter of which covers the full width of business and commerce
  • all civil aspects of fraud and the recovery of fraudulently obtained assets, whether (for example) by way of injunctive relief or tracing remedies
  • cases where the key allegations are ones of breaches of fiduciary duty by directors, trustees, partners, joint-venturers or personal representatives
  • company and partnership disputes
  • insolvency and insolvency-related litigation
  • issues and disputes relating to land (especially on land registration matters) and mortgages (on which he has co-edited one of the two practitioner texts)
  • trusts and probate disputes, including Court of Protection matters and related matters, such as the removal of trustees and personal representatives and the taking of accounts
  • claims in professional negligence, particularly where the underlying allegations involved aspects of any of the above

He is instructed on behalf of clients ranging from international corporations, banks and lending institutions and insurers to officeholders, trustees and private individuals, in this jurisdiction and overseas (particularly in the BVI (where Ian was called in 2024), Bermuda and Gibraltar). To all these matters, Ian brings the practical, well-informed and responsive approach for which he is commended.

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