QuoteReplyTopic: Trust capital and income Posted: 10/September/2009 at 12:37
I have a Trust that I hae invested in - i am the director and my whole family (all 5) are beneficiaries. If I am divorced can my wife take half the assets or access any of that money?
How do i categorise that in the Property Settlement Calculator? What field do I put this in?
I am assuming by director you mean you are the Trustee of the family trust (or director of the trustee company). Either way, yes, this money most certainly will be accessible by your wife in the case of a divorce. A family trust such as this will almost definitely be treated as an asset by the Family Court.
The only chance it MAY not be, is if you have had some very VERY good and creative legal advice, and it would certainly require litigation if it came down to it. Have a read of the High Court 'Spry' case if you are interested, family trusts will be treated as an asset in the case of a divorce, I believe even if the husband is not necessarily a beneficiary.
I have no idea what the Property settlement calculator is, but I assume you would put it under whatever assets the trust holds, as though they are owned directly by you.
I am NOT a lawyer. Anything said is NOT legal advice.
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