Going to court for final hearing.Stbx says he should get more of the assets because I am a potential beneficiary of a trust fund.The issue is a)my father set up the trust for my mother, until she passes no one else benefits b)other beneficiaries are my brother, our daughters,our grandson, and stbx reserve beneficiary.
My mother could live for many more years,require care in a home etc.
Can a judge really make a judgement taking into consideration what I might,at sometime ,and with no:woohoo: idea what assets will be left?
Given the situation I don't think this would happen but say if you had received money directly or as a loan from the trust. The court could \"assume\" that if you were to make another request then a similar amount would be given or lent. The implication for you would be that as your ex is suggesting the assets outside of the trust would be disproportionately given to your ex because the court would assume that you could make up the balance through an additional request to the trustee for a new gift or loan.
Another situation where the court can apply pressure would be if you personally had setup the trust.
Given you have never received anything from the trust, it was not setup by you, the main beneficiary is alive and will likely require funds themselves for their care I would say it's really a non issue and you are well within your rights and the trustees on taking legal advice may well decide not to engage with the courts at all and refuse any requests for financial information relating to the trust. You may still be asked to ask them but you can just tell the court you did and they said no. The court could then decide to join them to the case but given the situation it's very unlikely to bother.
It's also likely that there are different classes of beneficiary with you being a lower class to your mother and they may request to get a copy of the deeds but again the trustees can refuse.
Just say no to your ex and keep saying no till they get it.
Thank you, this is exactly how my solicitor and Barrister feel,I will let you know how it goes on the 2nd.The trustees have already written a witness statement so he should know the status quo. What intrigues me is the his Barrister is a qualified TEP so should know all this already
Hugo, im quite interested in how your court hearings have gone, i start mine next week and although i have said what i want from it and she has stated what she wants, it is just 2 wish lists. Regarding your case, i remember my solicitor telling me that there is a rule whereby capital gains after separation/divorce are not taking into account, he specifically stated inheritance so i think you will be ok. Question for me is, do they draw up these lists of 'wants' as bargaining chips, ie in your case, we will not pursue inheritance if you give us this etc. Have you seen this sort of bargaining in your case so far ?
In court Monday, nearly didn't happen stbx decided to make a last minute application for the trustees to turn up ,my solicitor only knew this with 3 days to go.Got onto court immediately and looks as if she has saved the day.Will let you know how it goes. He made his open offer at 5.02pm last night,needless to say won't be accepting it!
Well I survived!
Respondents barrister tried to convince the judge that an Application for the trustees to turn up but she failed as she has had the information for 5 months but only chose to action on it 6 days before court.
Wasted the morning arguing the issue. Continued after lunch, I had my cross examination lasted a good hour and a half.
My Barrister requested a break for me which he insisted on.He asked me a few questions to clarify things. Not finished but I can do no more.Have to wait for a next court date as his barrister did not bring her diary!!
One good thing house going on the market, only 2 years late.
Not a pleasant experience, but I made my point about his manipulative behaviour which was important.Will keep you posted