Offshore Trusts and Divorce

Offshore trusts are designed to be hard to examine. That does not stop English Courts doing so.

The typical offshore arrangement nominates a trustee, often managed by a corporate trustee based say in the Channel Islands, or Isle of Man, or Gibraltar. Because the concept of a trust is unique to English and Scottish law and countries that derive their law from England and Scotland, they are not usually based in countries such as Liechtenstein or Andorra. However there other entities may be used e.g. an Anstalt.

Then assets are put into the trust to shelter the income and capital gain from domestic taxes, and potentially, from claims by disaffected spouses. Often the trust can serve a dual purpose.

Often, the true beneficial owner of the assets is hidden by this device. In fact for taxation reasons often the point of the trust is to separate control of the assets from the people who are ultimately meant to benefit.

English law has long experience of examining the reality behind the trust and corporate veil. This does not mean that it rides roughshod over genuine arrangements. It does however often arrive at a pragmatic assessment of an individual’s wealth even when it is offshore.

Henry Brookman has extensive experience in this field, on both sides of the argument. His experience in complex estate planning means he has up to date knowledge of the variety of such situations.

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Brookman Solicitors

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Simon Rogerson 12/08/2019

I wanted to say a big thanks to Henry Bookman and his colleagues for all their help and guidance during my divorce - a long a complicated one. The team were all brilliant. I loved the fact that Henry was happy to explore possibilities and search for solutions. I also feel that on occasions he gave hope when things were against me. All told a great coach who was ready with pearls of wisdom when I needed it.

An'a. K 10/08/2019

I would strongly recommend this firm. I had the opportunity to discuss my case thoroughly with Mr Bookman. But before the initial consultation, I had a telephone conversation with a legal assistant who took most of the details down, so that my initial consultation was to the point I appreciate the advice given by Mr Bookman and think it a humble approach that the initial consultation is FREE and carried by the most senior member of the firm and not by a junior staff like it happens in other firms.

Anonymous 08/08/2019

Aziz Malik. Unbelievably good. Fantastic advice and was able to manage my difficult family law case to a superb outcome. Highly recommended.

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I did a consultation with Henry and I highly recommend him. He took the time to understand my situation, checked that he had all the information he needed and once he realized he was not the best person for my case, he recommended another lawyer in another country who could help. Unlike other lawyers I've worked with previously, he was extremely honest, transparent and generous with his time.

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