The decision of the Court of Appeal in Whaley v Whaley, in which Farrer & Co acted for Mrs Whaley, is of significance to settlors, trustees and beneficiaries alike. The Court of Appeal was considering when a family trust is to be treated as a ‘resource’ of one of the parties in a divorce and when that trust should properly be kept apart from the pool of resources to be divided.

The decision of the Court of Appeal in Whaley v Whaley, in which Farrer & Co acted for Mrs Whaley, is of significance to settlors, trustees and beneficiaries alike. The Court of Appeal was considering when a family trust is to be treated as a ‘resource’ of one of the parties in a divorce and when that trust should properly be kept apart from the pool of resources to be divided.