DISTRIBUTION OF FAMILY PROPERTY IN THE USE OF TRUST

Abstract

No matter how global and transnational the business of its beneficiaries is, no matter what models of indirect ownership are used, the family has been and remains a traditional channel for preserving, increasing and transferring assets to future generations. The massive use of offshore and trust schemes has become commonplace for Russian entrepreneurship, when domestic civil circulation is literally flooded with nominal structures originating from foreign jurisdictions. This article contains comparative analysis of the trust institute in the main jurisdictions of applicability - Britain and the USA, and also includes examine of influence of the institute on court practice development in the Russian Federation. Given the experience of high-profile divorce proceedings in recent years, the author is trying to answer the question of whether trust property is subject to division in case of divorce of spouses, if one of them is the beneficiary.