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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am the beneficiary of a discretionary trust that was set-up

Resolved Question:

I am the beneficiary of a discretionary trust that was set-up by my mother about ten years before my marriage using her own money. I have never personally benefited from this trust so the advice from council is that it is a non nuptial trust. My question is, if he is correct and this is a non nuptial trust is the court then powerless to make any order against the trust, so could the trust just say we're not giving any money or providing any support at all, my mother is one of the trustees.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the purpose of the Trust and what payments has i made and too whom?
Clare
Customer: replied 3 years ago.

The trust is a dynastic discretionary trust. So payments have been made into my children's accounts for their benefit of a few hundred pounds a month and also school fee's used to be paid from the trust but not any longer. The trust documents have been reviewed by the barrister and he states that it's not a nuptial trust, obviously this is then upto him to make this case in court. The question though is more what I forgot to ask him which is what happens after that if he does prove that the trust is non nuptial.

Expert:  Clare replied 3 years ago.
Hi
If it is not a nuptial trust then it cannot be shared between you and your ex - although the existence of the trust means that it can still be treated as an asset that is available to you - just not one that can be shared!
I hope that this is of assistance - please ask if you need further details
Clare
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