Divorce - Trusts and inheritances

The court cannot make orders against trustees. It will, however, look at the reality of the situation where the husband or wife is a beneficiary under a trust. Increasingly, trustees are being joined as third parties to financial proceedings involving beneficiaries so that the court can ascertain their views on how trust monies might be utilised directly or indirectly to assist a financial settlement. For example, if trustees have been paying income to the beneficiary wife and providing capital on request, the court may make an order requiring her to sell her other free assets to meet her husband's claims.

Increasingly, trustees are being joined as third parties to financial proceedings involving beneficiaries so that the court can ascertain their views on how trust monies might be utilised directly or indirectly to assist a financial settlement.

Expectations of inheritance may be taken into consideration but are not usually significant. The courts recognise that wills can be changed. Where potential inheritances involve foreign assets, the position may be different. In some foreign countries, rights of succession are determined by law. In such cases a divorce court may be more tempted to take that property into account.