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04 NOV 2008

Stewart Jordan - Trusts for Children: Children Act 1989, Sch 1

Stewart Jordan Solicitor, Manches LLP.
In proceedings under Sch 1 to the Children Act 1989, the provision of a home for the minor child or children of unmarried parents is often achieved using a trust structure. This usually takes the form of a revertor to settlor trust. The terms of that trust will typically provide the child or children with an interest in possession which terminates at, for example, age 18 or on the completion of the child's tertiary education (ie, first degree course), with the settlor (usually the father) being entitled to the reversion.

The objective is to provide accommodation and create a secure environment in which the child may be raised while at the same time allowing the settlor to recover the assets settled by him for that purpose when the trust ends. In this article, Stewart Jordan outlines how to create trusts for children that can achieve this objective efficiently.

For the full article, see November [2008] Family Law journal.

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