Family and Matrimonial

The Bahamas – Protecting the Confidentiality of Trusts

Section 83 of the Trustee Act is an enactment unique to the Bahamian jurisdiction which attempts to codify the rights and obligations of trustees in relation to disclosure. The disclosure of trust information by trustees has been the subject of judicial debate for centuries; and as trusts have developed so too has the jurisprudence on… Read More

Remain or ‘Brexit’? The Family Lawyer’s Viewpoint

What would be the implications for a family law practice of a vote to leave or a vote to remain? First we need to be clear where we are at the moment. The EU parliament has no power to initiate legislation. EU laws evolve from the workings of the European Commission, refined by its civil… Read More

The mediation of trust and estate disputes

Will and trust disputes take many forms. A person may bring a claim that a will was invalid, and should therefore not be admitted to probate. For example, the testator may have lacked mental capacity at the time the will was executed, or the will may not have been properly witnessed, or the circumstances in… Read More

Confidentiality and openness in the Family Courts

The debate about openness and transparency within the Family Courts has been reignited following a High Court’s ruling that the financial details of Liam Gallagher’s divorce to fellow singer Nicole Appleton could not be reported in the press. Prior to the implementation of new Family Procedure Rules 2010 (“FPR”) in April 2009 , financial remedy… Read More

MACKAY v MACKAY [2015] EWHC 2860 (Fam)

Background Caroline Mackay, (the Applicant wife) and Giles Patrick Cyril Mackay, (the Respondent husband) were married and there have been divorce and financial proceedings, resulting in a final Consent Order for financial provision for the wife in November 2014. Mr Mackay is described as a “millionaire property tycoon” and the principal asset of the parties… Read More

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