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Need advice on what happens if my daughters father passes away

10 replies

XSallyB74X · 31/08/2010 18:08

This may sound strange but i need some advice, My daughter is 14 years old, Her father has wanted nothing to do with her since she was born, A DNA test was carried out to prove paternity and he was paid regular maintenance through the CSA, He went on to get married and have 3 more children, He is a very wealthy man and i was just wondering...if something was to happen to him would my daughter have a claim on his estate? And would we be informed? Thanks in advance

OP posts:

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TrillianAstra · 31/08/2010 18:12

AFAIK you can make out a will to whoever or whatever you like, you can leave all your money to the cats protection league if you like.

However the CSA might have something to say about it if he dies before she is 18.

I'd hold off on the assassins for a little bit though.

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ProfessorLaytonIsMyLoveSlave · 31/08/2010 18:19

In England and Wales, if he were to die and not provide for her in his will she could bring a claim before the expiry of six months from the date of the grant of probate of his will or the grant of letters of administration on the basis that he had failed to make "reasonable financial provision" for her.

If this happens while she is still a child and/or he is still paying maintenance (e.g. if he continues to pay maintenance while she's at university) she'd be likely to succeed, although I don't know how much she'd be likely to get (not likely to be a fortune). If she were an adult and able to work and support herself then she'd be fairly unlikely to succeed, AFAIK.

But someone who knows more about it will probably be along in a minute.

I don't think you'd be automatically informed, but you'd presumably notice that the maintenance payments had stopped.

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fridayschild · 31/08/2010 18:21

If your daughter has been maintained by her father I believe she could challenge the will. You'd need a lawyer to do this for you. I am a lawyer but this is not my area, so I can't tell you how much you'd get.

If there's no will, his money will be split between his wife and all his children (ie including your DD) in a certain way. Again, I can't remember what this is.

I am sorry to be so ignorant but I thought Trillian's post was a bit misleading.

One possibility would be for DD's father to take out a life insurance policy and write it in trust for your DD. This obviously depends on speaking to the father, which may not be an option. However if his wife does not know about DD it might be something he would think about - he can provide for DD and keep her a secret from his wife even after he's died.

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LucindaCarlisle · 31/08/2010 18:24

If I remember correctly, there is an Act of Parliament which covers this. But it may depend on your daughters age when her father dies.

Google "Dependents and death of parent"

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TrillianAstra · 31/08/2010 19:06

How is my post misleading? If she is under 18 there will be rules regarding maintenance (of wich I didn't claim to know much but was fairly certain they existed), if she is over 18 then it goes to whoever he says in the will.

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sarah293 · 31/08/2010 19:08

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babybarrister · 31/08/2010 19:13

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prettybird · 31/08/2010 19:15

I assume you are in Englad as you didn't metnion otherwsie, but in case you're in Scoltand, here it is not possible to disinherit your children: they have a right to a certain proportion of your estate.

The children are collectively entitled to one-third of the deceased's moveable estate if the deceased left a spouse or civil partner, or to one-half of it if the deceased left no spouse or civil partner. Each child has an equal claim. Where a child would have had a claim had he (she) not died before his (her) parent, his (her) descendants may claim his (her) share by the principle known as representation.

Moveable estate is things like money, shares, cars, furniture and jewellery. All children have an equal claim, whether or not their parents were married.

That was from the Scottish Government web-site.

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mumblechum · 31/08/2010 22:42

For so long as she's financially reliant on him, ie he's paying maintenance, you can, on her behalf, apply under the Inheritance (Provision for Family and Dependents) Act 1975.

The first you'd know of his death would be when the maintenance dried up. Other than the mtce issue, though, he has no obligation to leave her a bequest.