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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of divorce and have just learnt that my

Customer Question

I am in the process of divorce and have just learnt that my soon to be ex wife may have a share in a trust fund established by her late father upon his death in 2005. Allegedly the deceased placed half of the martial home in a trust fund for his 3 children of which my wife is one. My ex mother in law is still alive and whilst she is still alive she remains in the house.
my wife did not disclose the existence of this trust when we attempted mediation.
is there anyway I can establish the existence of this trust?
i am aware from research that the judge cannot divide the trust but it seems the value of the trust can be taken into account in dividing up the assets.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first
If his share of the house was indeed left to his daughters then a copy of his Will should disclose it.
You can get a copy yourself using the process described here
or you can ask your ex for a copy within any Financial Application made to the court
It is unlikely to make a substantial difference to any settlement - if indeed it makes any difference at all given that it is an inherited asset which cannot be accessed at present
I hope that this is of assistance - please ask if you need any further details