Overview — Trusts and the Family Court

Trust assets can be the property of a party to a marriage, if that party exercises such control that they can do with them as they please. A right of a party to a marriage to compel due administration of a discretionary trust controlled by the other party is itself property. Property still does not include a mere expectancy.

The High Court favours an expansive interpretation of the word “property”. Where a party is the director of the trustee and appointor of a trust, the court has held that the trust assets are assets of that party (other factors also play a part).