Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trust definition

What does Trust mean? A trust is a legal arrangement in which one or more trustees hold and manage property (the trust property) for the benefit of beneficiaries. It is primarily defined by case law rather than a single statute, though key rules appear in legislation (for example, writing requirements and trustee powers). Trusts arise by express declaration (usually by a settlor), by operation of law (resulting or constructive trusts), or under statute, and are used in private client, commercial, pension and charitable contexts. Core features include: the trustee’s fiduciary duties to act loyally, prudently and in accordance with the trust terms; control...

Trusts in financial remedy proceedings: procedural and evidential issues on service, joinder (trustees and beneficiaries), variation of nuptial settlements, and compelling disclosure (including letters of request) (England and Wales)

Published by a LexisNexis Family expert

Practice notes

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This Practice Note reviews the principal procedural aspects of family proceedings that engage trust assets, including the issue and service of proceedings. It also explains the steps required to add a trustee or a third-party beneficiary to the case, highlights evidential considerations, and summarises the court’s powers to compel a non-party to provide disclosure.

Initial considerations

Where either party holds or benefits from a trust interest, the applications made and the ensuing procedure will depend on the circumstances, which determine which of the three principal approaches to trust assets should be adopted, namely:

considering trust assets as a resource available to one party—see Practice Note: Introduction to trusts within financial proceedings—Trusts as a financial resource
the court exercising its power to make a variation of settlement order under section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) equivalent—see Practice Note: Trusts—variation of a nuptial settlement
applying property or trusts law to challenge the trust’s validity, alleging that the transfer of assets into a trust was

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Rebecca Dziobon

Penningtons Manches Cooper

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives ...

Web page updated on 22/05/2026

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