Under the terms of the settlement as husband and wife they were entitled to enjoy the income derived from the trust property for life, with the remainder interest passing on their deaths to the children of the marriage.
If there were no children and the wife predeceased her husband she enjoyed a general power to appoint over the trust property by will, subject to an express provision in default of appointment in favour of her next of kin.
Question: I cannot bear my wife’s alcoholism any longer. I’m continually moved by the vivid descriptions of the carnage that addiction causes, and the impossible “you choose, you lose” dilemmas faced by exhausted, isolated partners.
Most of my friends tell me to leave her, and my family tells me to stick it out. Note: I first wrote this answer as a way to talk about methods to approach tough dilemmas, and since that time it has grown into the forum you see now.
As there were no children, the husband and wife applied to have the capital of the trust paid over to themselves, arguing that the only other persons with any interest in it were the next of kin, who were volunteers.
The Court of Appeal held that although the next of kin were volunteers, they enjoyed an immediate equitable interest in the capital because the trust was fully constituted and they were beneficiaries under it.
The working out of those specifics might be where your attention is going to be productive. Al-Anon is not for everyone in your situation, but those who do find it helpful would probably say that it’s the repeated attendance that makes it work.
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