Ipek�i v McConnell

Alexander Thorpe QC (instructed by Kay Georgiou) for the Applicant Michael Glaser QC (instructed by Family Law in Partnership) for the Respondent Hearing dates: 25-29 March 2019 ____________________

In my judgment this could not be clearer. Brandi Goldenberg is describing the position where the cestui que trust is solely and beneficially entitled to the trust assets. On 30 November 2017 the market value of this separate fund was $4.45m. The trustees pay the wife each year 2.5% of the market value of the trust and have made significant further advances of capital to her. Nobody else has benefitted.

Of this sum �375,000 will be the subject of the charge-back and so the outright cost to the wife is �958,500.

Note 1 This is taken from Table 10 of At A Glance, which is a UK life table. Although Mr Thorpe asserted, without producing anything, that US life tables would put the expectancy of a 76-year-old at under 7 years, it is clear that in fact under such tables the figure would be virtually the same: https://www.cdc.gov/nchs/data/nvsr/nvsr67/nvsr67_07-508.pdf [Back]

Note 2 I allow this sum notwithstanding that it does not appear as a debt in the asset schedule prepared by Mr Thorpe. It was, however, mentioned in the husband�s section 25 statement. The existence of this debt was not disputed by Mr Glaser. [Back]