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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My husband of 35 years, father of my six grown children,

Customer Question

My husband of 35 years, father of my six grown children, died four years ago of lung cancer. I was half way through divorcing him for his refusal to honour his promise to end his long affair. Decree Nisi granted but neither of us had applied for the absolute. I did not apply because of his diagnosis and that the other woman does not drive and could not have taken him to his chemotharapy etc, hopefully towards recovery. He left circa hs pension £180k net in a Lifetime Trust with me as beneficiary and my two youngest grown sons as trustees. The rate of benefit was set by a court as £7k per annum until state retirement age and £10k after. Although professionally assured I would be likely to be awarded all or nearly all the capital, I did not apply to court for the capital under the Inheritance Act as the costs of £30k or so would cause hardship to half of my children, were costs to be awarded against them. I recently had a downstairs showerroom built onto my house so my elderly mother (Alzheimers and cannot climb my stairs) can visit and have a shower etc., and also for me later on when I have trouble myself with stairs. Unforseen expenses took me over budget by less than £5k. I asked my two youngest sons, the trustees, to advance me what would be about one year's interest on the capital to save my having to remortgage the house for such a small sum. They refused, saying that the capital was for my old age. They get what is not spent on me. I think that this unhelpful attitude is meanness. As the capital, without interest, will last until I am 85, and with the interest considerably longer than that (I have sought details) can I apply to the court to uprate the annual allowance to assist me in clearing my debts from this home development?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Do the terms of the trust allow for capital expenditure and if so what is the exact wording involved?