Can I Block My Husband?

Hi Scott,

I dread my parents passing away! Apart from the emotional devastation, I am petrified about the financial impact the inheritance (built during a lifetime of hard work) may have. I wish to invest it to secure my family’s future, but my husband will want to spend every cent. He refuses to do a budget and will not ditch the credit cards, and I fear this will be another area in life where he will cause havoc. Do I have any right to block him (without divorce)?

Kim

Hi Kim,

Yes, technically, you could block him.

Here’s how:

First, you’d get your parents to set up a three-generational testamentary trust (which means their assets are automatically placed into a trust after they pass).

Second, you’d name a relative -- who is on your side – but independent-- to be the trust executor.

Third, they’d (hopefully!) keep a tight grip on what the trust money gets spent on.

And then you’d all live happily ever after!

Well, actually, let’s role-play this for a second:

You: “I’m getting an inheritance from Mum and Dad, but I’m not allowing you to spend any of it.”

Husband: “Huh? Why?”

You: “Because … I actually don’t trust you with money … you’ll just end up blowing it.”

Stop.

Kim, how do you think the rest of this conversation will play out?

Badly, I’d suggest.

It sounds like you need couple’s counselling to focus on the underlying issues in your marriage.

Regardless, I like the idea of a three-generational testamentary trust, mainly for the flexibility it affords in tax planning. Still, while your parents are getting their lawyers to draft this up, ask them to include a ‘divorce protection trust’ in their wills.

Just in case.

Scott.