Is she entitled or does she have any say in formation of a trust?

Question

She (issueless) has been living away from her husband for the past twelve years, willingly and deliberately. She filed a case for divorced with exaggerated alimony. The alimony part was challenged other than that the basic ground of divorce was not challenged. The matter is pending before the court. Now in this state of the case the husband forms a ‘trust’ and puts his assets under this head and writes a ‘will’. Will there be any problem after his death with regard to his ‘will’ and the ‘trust’ that he is going to form

amal · Accepted Answer

Any individual can Create a Trust or a Will - independently without seeking recourse to any other party including his wife or his Heirs.
Both the documents be drafted by a Legal counsel to avoid any complications at a later stage.
Both the documents should be registered preferably duly Notarised.
In the subject issue the Wife has no Say in the matter. Of course the Assets proposed to be mentioned in the Trust or the Will should be the Assets that of the Husband alone, as he cannot rather he has no rights to identify/include  assets not belonging to Him.

Bennet Raj J · Answer

As far as, Maintenance is concerned, courts will be liberal and order to attach anything even Pension

If the properties of husband is self acquired, he may rightly alienate to anybody and execute will to anybody

So the husband need not to go for any back door ideas, He can directly execute anything

The Truthseeker · Answer

Anything can be challenged.

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Is she entitled or does she have any say in formation of a trust?

3 Answers