These authors examine the issue of whether all or part of the assets in a family trust can be attached in a matrimonial claim. They look at these and other issues: the distinction between discretionary and contingent interests, the likely factors applicable in determining if a trust asset should be included in family property for the purposes of matrimonial property division, and ideas on how to avoid the problem altogether. They offer case analysis in situations where a trust was treated as family property and where it was not.

This paper was presented at LESA’s Constructive Trust Claims program held in January, 2014.