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Supreme Court Rules £80m Tax-Planning Transfer Remains Non-Marital Asset

The ruling maintains Anna Standish’s £25m settlement, sending the case back to the Family Court to evaluate her reasonable needs.

Overview

  • Justices unanimously dismissed Anna Standish’s appeal, upholding the Court of Appeal finding that the 2017 transfer did not become matrimonial property.
  • The court held that Clive Standish’s transfer of around £77m was made solely for inheritance tax mitigation and the benefit of their children, not to create a shared asset.
  • Anna Standish’s award stays at £25m, reflecting only the proportion of funds deemed matrimonial property by the Court of Appeal.
  • The dispute will return to the Family Court for a determination of whether the £25m settlement satisfies Anna Standish’s reasonable financial needs.
  • Legal experts say the judgment underscores the importance of clear documentation of asset transfers, prenuptial terms and intentions in high-net-worth divorce and estate planning.