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29 April 2020
Issue: 7884 / Categories: Features , Criminal
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The no trust industry

19891
Hiding wealth through trusts is a shocking business, writes Philip Sinel

In brief

  • Outlines the exploitation of trusts by wealthy people keen to hide their riches.
  • Notes there has been a rise in trust litigation.

A few years back, an elderly lady, who had been married to her husband for 30 years, received a letter from a magic circle lawyer. The letter, it turned out, related to the family home, or at least what she thought was the family home. For it was revealed in the letter that the property was not in fact the matrimonial home, but was in reality owned by a company that was itself owned by a trust. What’s more, she was being served with notice to leave.

Crucially, her husband tried to claim that the house didn’t belong to him and an affidavit of means showed up nothing in his name. Coincidentally, however, a little digging revealed that he owned and directed the company trust structure, reserving all powers to himself.

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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