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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Trust fund

  • soulruler
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28 May 12 #333650 by soulruler
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People who are appointed as trustees work for no remuneration but at the same time are completely liable for upholding the basis of the trust.

If they fail in their obligations as trustee they are held personally liable for that failure and can be prosecuted and made personally liable for their breech of trust.

You need to be sure of your grounds because you could possibly be tried in a court of equity for attempting to force the trustees to breech their obligations.

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28 May 12 #333654 by Molly72
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soulruler wrote:

People who are appointed as trustees work for no remuneration but at the same time are completely liable for upholding the basis of the trust.

If they fail in their obligations as trustee they are held personally liable for that failure and can be prosecuted and made personally liable for their breech of trust.

You need to be sure of your grounds because you could possibly be tried in a court of equity for attempting to force the trustees to breech their obligations.


I''m even more confused now. How could I be guilty of attempting to force the trustees to breech their obligations?

Who could prosecute them if they failed in their obligations? The only beneficiaries that are not trustees are their spouses if I am reading it correctly.

Also it states that the trustees can act in any way they see fit and are absolved of responsibility for any loses incurred as a result so presumably that covers them?

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29 May 12 #333675 by soulruler
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I am a sole trustee of assets which belong to my mother. My husband has attempted for 4 years to get me to breech my trustee obligations by making a claim against the trust.

I have refused to breech my trustee obligations and now my case is being heard in Open court in Queens Bench where he and others who have advised him are going to be prosecuted for attempting to breech the trust and make false claims of entitlement.

The trustees must act as they see fit in accordance with the trust. If a person who is a beneficiary of a trust attempts to defraud another person and then believes that the person defrauded cannot make a claim against benefits held in a trust of which they are a beneficiary or potential beneficiary then they are wrong as someone defrauded can make a claim.

However, being the mother of a person named in a trust does not give you personal entitlement to any monies in that trust.

Be very very careful that would be my advice. My case got into chancery and the trust judge there confirmed that my husband had no legal entitlement to any of the monies of which I am trustee (and a potential beneficiary in the future).

My husband still failed to listen.

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29 May 12 #333689 by cookie2
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soulrider I think you''re completely wrong here. I don''t understand how the OP could get in any trouble whatsoever for trying to make the trustees fail in their obligations. She is not even doing that, and even if she was, that is just totally ridiculous that she could get into trouble for it. Unless she holds a gun to their head, it is their decision!

OP I think you need to see a solicitor regarding this. It''s quite a complex legal situation and professional advice would be required.

Also relevant might be how you found out about this or got hold of the paperwork. If it was given to you or left around somewhere that you could reasonably be expected to read it (the "kitchen table" rule) then it''s fine. But if you got it by, for example, reading his emails or going through his files, then no solicitor would touch it with a bargepole, it is inadmissible.

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29 May 12 #333781 by Molly72
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soulruler wrote:

I am a sole trustee of assets which belong to my mother. My husband has attempted for 4 years to get me to breech my trustee obligations by making a claim against the trust.

I have refused to breech my trustee obligations and now my case is being heard in Open court in Queens Bench where he and others who have advised him are going to be prosecuted for attempting to breech the trust and make false claims of entitlement.

The trustees must act as they see fit in accordance with the trust. If a person who is a beneficiary of a trust attempts to defraud another person and then believes that the person defrauded cannot make a claim against benefits held in a trust of which they are a beneficiary or potential beneficiary then they are wrong as someone defrauded can make a claim.

However, being the mother of a person named in a trust does not give you personal entitlement to any monies in that trust.

Be very very careful that would be my advice. My case got into chancery and the trust judge there confirmed that my husband had no legal entitlement to any of the monies of which I am trustee (and a potential beneficiary in the future).

My husband still failed to listen.


Crikey I hadn''t even thought about being entitled to any of the monies as the mother of some of the beneficiaries. What I had thought is that as my husband is one of the beneficaries and it has a value it is an asset? In theory could I claim that I am a benificiary in my own right? It specifically mentions childrens spouses?

It doesn''t mention any benificaries by name only by relationship.

How did I get hold of it? Applied to probate office for a copy of the will and the certificate of probate to confirm that the requirements of the will had been met. Value of estate was far in excess of the £230k, I think that was the inheritance tax threshold at the time, residue of estate was left to FiL. As I said before it was set up to avoid inheritance tax.

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29 May 12 #333783 by cookie2
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OK, then I would go to a solicitor with this document.

It seems a strange way to avoid inheritance tax, since the amount is below the inheritance tax threshold, there wouldn''t have been any inheritance tax anyway??!!

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29 May 12 #333786 by soulruler
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The effects are far reaching, the rights of the dead and trusts. You can access the will of a deceased person as it is public domain but the rights of trusts are not public. The rights of trusts are extremely onurous and covered under equity (which is the toughest and most cruel rule of Law in the UK).

A trustee is non paid unless the will of a deaseased states that paid trustees can be appointed to protect the trust and the beneficiaries.

Breech trust and you can be legally slaughtered - it is happening in my case believe me - we are in Open Court in Queens Bench and no right of privilege and it is going to be open court. My husband has attempted 8 times to get into the trust money and each time he has failed in every single application and every single court.

Be VERY Careful right now.

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