Wills and Maintenance Provisions

[toni74]

Husband and I are updating our wills, we have two kids (5 and 1). Husband has two older children, youngest will be 18 in the spring and currently in college (currently completing their, second, one year course), oldest is working and living with partner.

Our current wills we're drawn up several years ago, so that our joint assets (including home and life insurance policies) go to one another and then 50/50 to “our” child(ren). My husband made a separate provision in his will for his older children (he has another property and life insurance policy on it).

We were asked at the time, whether or not to include a maintenance provision for the youngest stepchild (who was still in school at the time), I don’t think we did, but what I want to check is if we make a provision for it this time, up to what age is it applicable to 18/19 or 20 and beyond? And are they dependent on specific criteria e.g. child remains in education.

At the moment youngest stepchild seems to be struggling at college and is v. unhappy on their current course, it’s very likely they will enrol for another new course in September (possibly a 2 year course). So could remain in further education (college) until there 20.

We want to avoid a situation where husbands' ex-partner makes a claim for maintenance, from monies that we have set aside for our children’s education and upbringing (our wills are biased towards our children due to their age, and we want to ensure they get a full education and have the opportunity to go to college/university etc). Or have we done enough and my husband simply needs to make it clear that the second property can be used to provide maintenance to the youngest stepchild until such time, as well as be divided equally between the children. Thus ensuring that our assets (built up together) go our our children.

Ps I did do a quick search on this but couldn't find anything specifically on this question.

ty...

[purpleroses]

We've just been doing our wills and looking into some of this. The age that maintenance stops at will usually be specified in the will. Or else it will do like my DP's will does which say that he expects maintanence to be paid out of a trust to his ex so that she receives what she would have done if he had lived. In his case that means until youngest child finishes further education or reaches the age of 18 (whichever the latter I think) because that's what the court order that requires him to pay the maintanence says. 19 or under and in further education (ie not university) is also the age that maintanence via the CSA would be payable to.

I'm not sure whether the ex could make a claim for maintenance if your DP fails to provide it in his will - you'd best ask a solicitor that one. Would have thought he could certainly leave it to be taken out of the money held in trust from the sale of the second property if he wants. There's probably less room for dispute if the DSC's maintenance comes out of money that would otherwise be their inheritance - as their mum's not likely to want to deprive her own children of their inheritance, but might plausibly not be so fussed about your children.

[FrogStarandRoses]

My DHs exW has repeatedly told him that she has a life assurance policy on him so that if he dies it will pay her the equivalent maintenance (not sure how long for though).

Because of this, DH has made no specific arrangements for his DCs in his will - they will inherit his house (or equivalent value) once I die but that's all.

Could the DCs Mum put a claim on his estate for maintenance if he dies before they are financially independent?

[BrandybuckCurdlesnoot]

Yes Frog, she could.

Some financial provision needs to be put in place for the children to cover them until maintenance is paid or their Mother can make a claim on any assets or life insurance policies after a death.

[FrogStarandRoses]

So why didn't DHs solicitor who drew up his will advise him of that?
It basically means that there's no way to protect my occupancy of the house - if she demands maintenance for the DCs, the house would have to be sold to pay it anyway!

[toni74]

Its soooo complicated!!!

We were thinking of stating maintenance to be paid until they are 18 or leave full time education. which ever is the latter. Can I just ask Frog what do you mean financially independent? Does anyone know if the age 18 is appropriate?

Husband currently has a private maintenance agreement with x-partner (not managed via the csa).

Can I just also ask Brandy, would the expectation be that if I survived my husband I would be paying maintenance for the youngest stepchild until the estate was sorted out?

[purpleroses]

You wouldn't have to pay any maintenance until the estate was sorted out. Only your DH or his estate would have to pay mainanence, not you. Whilst his estate is being sorted out nobody gets any money from him.

[FrogStarandRoses]

toni As far as the CSA/tax credits etc are concerned, once a DC is 16, they are financially independent unless that have continued in further education. So, DCs aged 16+ on A level courses etc where the DC is mainly in college are considered financially dependent up to the age of 19 - DCs working in an apprenticeship with 1 day a week at college are considered financially independent.