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injury payout / divorce settlement

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blueeyes36

Junior Member
Hi I have a question regarding a spouse’s entitlement to an accident award that is held in trust. Mr friend got an out of court settlement for a car accident which has left him unable to work this is backed up in evidence from a number of top uk specialists in there field. The money has been put in a trust to help provide for him in the future, he Is only 43 so has a number of years to provide for also the award allowed for getting in help for household cleaning and gardening and some disabled kitchen appliances (although he is not registered disabled) he also receives benefits to help a meagre living.
Now his spouse left him of her own accord 2 years ago before the payout with one child who is 16 she is now claiming over 25% of his trust fund as well as 70% of the equity in the house and 100% of the endowment. (sound fair???)
Question is: would a judge award monies from a trust fund set up to provide a living for someone who cannot work??? What can be done to either help the case or stop the payout??? i must add that if this case against my firend is succesfull he will not be able to maintain his home or any future

Really would be grateful for any help as I hope you agree this is just so unfair.
 


LdiJ

LdiJ

Senior Member
blueeyes36 said:
Hi I have a question regarding a spouse’s entitlement to an accident award that is held in trust. Mr friend got an out of court settlement for a car accident which has left him unable to work this is backed up in evidence from a number of top uk specialists in there field. The money has been put in a trust to help provide for him in the future, he Is only 43 so has a number of years to provide for also the award allowed for getting in help for household cleaning and gardening and some disabled kitchen appliances (although he is not registered disabled) he also receives benefits to help a meagre living.
Now his spouse left him of her own accord 2 years ago before the payout with one child who is 16 she is now claiming over 25% of his trust fund as well as 70% of the equity in the house and 100% of the endowment. (sound fair???)
Question is: would a judge award monies from a trust fund set up to provide a living for someone who cannot work??? What can be done to either help the case or stop the payout??? i must add that if this case against my firend is succesfull he will not be able to maintain his home or any future

Really would be grateful for any help as I hope you agree this is just so unfair.
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This site is for US law only, therefore we really cannot be of any help to you.

However, its not very likely that she could touch a trust fund.
 
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blueeyes36

Junior Member
ok

ok fair comment but the first judge has accepted the claim so it looks as if there is a chance which i just cant believe is just
 
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Proserpina

Senior Member
blueeyes36 said:
ok fair comment but the first judge has accepted the claim so it looks as if there is a chance which i just cant believe is just
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Actually yes, it's possible (and moreso if Mother is trying to get child support payments and/or if Dad was ordered to provide child support but couldn't) - but much would depend on exactly when the divorce took place and when the accident took place.
 
LdiJ

LdiJ

Senior Member
Proserpina said:
Actually yes, it's possible (and moreso if Mother is trying to get child support payments and/or if Dad was ordered to provide child support but couldn't) - but much would depend on exactly when the divorce took place and when the accident took place.
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Are trust funds that different in the UK then?
 
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Proserpina

Senior Member
LdiJ said:
Are trust funds that different in the UK then?
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Yes and no - I hate to give such an ambiguous answer but timing can be absolutely critical and the matter of whether or not child support (maintenance) is involved may play a huge part here.
 
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blueeyes36

Junior Member
well the youngest child is almost 16, in the uk child maintenance payable till 18 and the spouse left 2 years ago so surely the amount would be a maximum of 4 years ?? £100 000 seems an excessive award for that!!!! i forgot to add that the injury award was made up of an allowance for gardeners cleaning staff etc and probability of 2 more operations he will need etc
oh and the accident took place when they were together some 5 years ago. And i should add if the award in its entitity is allowed to stand to the spouse then my friend will not be able to provide for himself and may then have to move out of his home which should of had the disability alterations done to it.

many thanks for your comments so far!!
 
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Proserpina

Senior Member
mistoffolees said:
Please see a barrister. This site is for US law only. Anything you hear here may steer you in the wrong direction.
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We do call them lawyers in England too y'know, misty....

(And a barrister probably isn't needed at this point - OP's friend needs a solicitor first)

;)
 
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mistoffolees

Senior Member
Proserpina said:
We do call them lawyers in England too y'know, misty....

(And a barrister probably isn't needed at this point - OP's friend needs a solicitor first)

;)
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Sorry, I meant a solicitor, not a barrister.

In any event, anything they learn from a U.S. law site is just as likely to be wrong as right with respect to English law.
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
Sorry, I meant a solicitor, not a barrister.

In any event, anything they learn from a U.S. law site is just as likely to be wrong as right with respect to English law.
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Except that proserpina IS familiar with English law. Therefore it fair for her to answer the OP.
 
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