In re Goodlander: The wife sought discretionary distribution of a fund as its beneficiary. The Court said it was not a fixed, certain and absolute right.
By Laura Morgan, Family Law Consultant
Wife’s interest in any future distributions of a trust of which she was a beneficiary was mere expectancy, and therefore wife did not have vested interest in distributions and distributions were not marital property, where wife’s hope for a discretionary distribution from the trust was not a fixed, certain, and absolute right, as trustee had discretion to make distributions for beneficiary’s “education and maintenance in health and reasonable comfort” after investment directors exercised discretion in making distributions to the trust from larger trusts, and beneficiary had no power to force distributions.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com