PJC v ADC

PJC v ADC

The husband's vested interest under the trust, though subject to depletion and uncertain timing, is a financial resource likely to be available in the foreseeable future and must be considered under section 25(2)(a) of the Matrimonial Causes Act 1973.

Parties
Petitioner: PJC; Respondent: ADC; Intervener: VJW; Intervener: DJH; Intervener: Stephen Howard Woolfe; Intervener: Philip James Tostevin
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Ancillary Relief Proceedings / Preliminary Issue Determination
Outcome
Preliminary issue answered in the affirmative; husband's trust interest is a financial resource likely to be available in the foreseeable future.
Legal Topics
Ancillary Relief, Trust Assets as Financial Resources, Section 25 Matrimonial Causes Act 1973, Inheritance Tax, Trustee Powers
Family Law Trusts and Estates Ancillary Relief Trust Assets as Financial Resources Section 25 Matrimonial Causes Act 1973 Inheritance Tax Trustee Powers

Case Brief

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Parties

PJC

Petitioner

ADC

Respondent

VJW

Intervener

DJH

Intervener

Stephen Howard Woolfe

Intervener

Philip James Tostevin

Intervener

Procedural Posture

Ancillary Relief Proceedings / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the husband's interest under the trust is a financial resource within section 25(2)(a) of the Matrimonial Causes Act 1973
  2. 2 Whether the husband's interest is likely to be available in the foreseeable future
  3. 3 Appropriateness of adjournment or immediate order

Ratio Decidendi

The husband's vested interest under the trust, though subject to depletion and uncertain timing, is a financial resource likely to be available in the foreseeable future and must be considered under section 25(2)(a) of the Matrimonial Causes Act 1973.

Court Disposition

Preliminary issue answered in the affirmative; husband's trust interest is a financial resource likely to be available in the foreseeable future.

Orders

  • Trustees cease to be interveners forthwith.
  • Case to return to County Court for final hearing.