Family trusts and existing or anticipated enforcement

A family trust is not a guaranteed way to defeat creditors or enforcement. Transfers when liabilities exist or are anticipated can be challenged under insolvency and creditor-protection law.

Goods can also become bound under Schedule 12. A later transfer may be ineffective, and a document does not override the facts about possession, beneficial ownership or control.

Obtain regulated private-client and insolvency advice before transferring property. A genuine trustee claiming goods may need the third-party procedure and reliable evidence of title.

Sources and scope

This site concerns England and Wales. Principal sources include Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, the Taking Control of Goods Regulations 2013, the Taking Control of Goods (Fees) Regulations 2014, CPR Part 84 and the GOV.UK bailiff guide.

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