Exclude, unwind or attribute? The Court’s framework for trust assets in matrimonial proceedings
Abstract The recent decision of The General Division of the High Court (Family Division) in YFW v YFX [2026] SGHCF 22 provides a structured framework for determining whether assets placed in a trust should be taken into account in the division of matrimonial assets. The Court identified three possible approaches: excluding the trust assets from the matrimonial pool, unwinding the trust and including the assets directly, or upholding the trust while notionally attributing its value to the matrimonial pool. This Article examines the decision, including the facts of the case and factors which point the Court towards adopting a particular approach.
Authors
- Ching Ling Seah
- Nadia Fredericka Sia
Publication Details
- Journal
- Trusts & Trustees
- Published
- 2026-10-19
- DOI
- https://doi.org/10.1093/tandt/ttag094
- Primary Topic
- Family and Matrimonial Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00