The Divorced Parent of the Beneficiaries Was Not an Interested Party

A father created a trust forhis children with his wife, the children’s mother, as the trustee.  Thecouple divorced and the settlement agreement stated that the partiesanticipated that the father’s support obligation would be met by the mandatorydistribution of trust income and the discretionary distribution of principalunder a support and education standard.  The mother later sued the fatherand the successor trustee (the father’s new spouse), asserting breach of trustand requesting the trustee’s removal and appointment of a new trustee.  InRichards v. Richards,637 S.E. 2d 672 ( Ga. 2006) , the court held that the mother did not have aclaim against the trust because the settlement agreement did not obligate thetrust to support the children or to reimburse the mother for her supportexpenditures.