Maintenance after Dad dies...

[balia]

I feel horribly morbid asking about this, but have posted elsewhere and been advised to come here...

My DH has a DS from a previous relationship. He pays maintenance through CSA. He also has a long-standing, recurrent health problem. He can't get insurance because it is a pre-existing condition. He does pay into a scheme through his employer - a death in service type thing? so that if the worst happened, I'd be able to pay off enough of our mortgage to be able to manage to keep the house on my salary (just). We have wills that leave everything to each other, and of course the plan is for the surviving partner to divide the assets among our 3 children.

My concern is that I've heard that DSS's mum could make a claim for maintenance from the estate. At the current CSA level this would mean I'd lose the house and be in serious financial difficulty. Does anyone know the legalities of this?

It would seem fair that his child would be looked after in the event of his death and surely he would have made provision for this in his will anyway?

I've heard the same thing and it used to worry me terribly. I think it only applies to recovering arrears. I would hope that if his ex was heartless and grasping enough to try to do that, then a court would consider the fact that you have 3 of your own children to provide for.

Presumably if your DH dies before you his other DS (not his mother) would also get a share of the assets? Or not?

Your DH has made no provision for his DS in his will?

I don't think it would be set at the current maintenance level but yes, he could claim from the estate using the Provision for Family and Dependants) Act 1975 if there isn't provision in your DH's will.

We have mirror wills. We both leave everything to the other. Apart from the house we don't have anything to leave - no savings to speak of - each child has a bank account into which a regular amount each month is paid. The idea is that the surviving partner would make a will leaving each child (3 including DSS) an equal share - hopefully assuming house paid off and there is anything to leave. So in that sense, DH is unable to make provision for any of the children in his will.

Ah, it wasn't clear from your OP that the 3 children included your DSS.

Any arrears of child maintenance can be recovered from the estate but that is all. The CSA will not come after you or your husband's estate for ongoing maintenance.

However, his son is entitled to lodge a claim under the Inheritance Act if he is not provided for im your husband's will or feels the provision is insufficient. This will not lead to you paying ongoing maintenance but could lead to a lump sum being paid to him from your husband's estate.

You say you leave everything to each other in your wills with the plan being for the surviving partner to divide the assets amongst your children. I am surprised that plan isn't written in to your wills already. I would suggest that you need to consult a solicitor for advice about your wills to ensure that your husband's son is provided for and that the wills cover all eventualities.