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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband is divorcing me. Through out our 33 yr marriage

Customer Question

My husband is divorcing me.
Through out our 33 yr marriage and running the successful family farming business in Africa, all that time we had held the expectancy of benifting from the inheritence of the 2 Trusts set up many years ago to perpetuate the family farming business.
These are at the moment for the benificary of my husbands elderly parents.
He is not as yet a benificary.
I have been told my one Uk lawyer that one such claim against a family trust set up as a 'Farming Trust ' to perpetuate the business was successfully upheld, on the behalf of the spouse on this point.
Advise please
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
In relation to any trusts, the court will consider the following criteria when determining whether it should be considered a matrimonial assets to be dealt with as part of the divorce settlement:
-who set up the trust and when it was set up
-who has control of the trust
-what assets are held by the trust
-who has made contributions to the assets held by the trust
-who the beneficiaries of the trust are
-whether the beneficiaries have received any distributions from the trust
-whether a party has a fixed and irrevocable entitlement to a share in the trust or any expectancy of entitlement
Please let me know if you have any further questions regarding this.
Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Is it worth me pursuing this ?
My husband will inherit 50% of the 2 trusts on his parents death
The other 50% goes to his sister
As I said I have devoted 33 years of my life to the farms here in fact all my working life raising the children and running the home
I am now nearly 60 and it seems very unfair that after all this time whilst I too . As his wife had the expectancy of this inheritance when his patents died I now seem to have no claim at all
His parents are in their mid 80s
Expert:  Harris replied 1 year ago.
Unfortunately, future inheritance cannot be claimed. Only once inheritance is actually received can this be looked at.
What other assets do both of you have?