Exp not providing for children in will until they reach adulthood

[17leftfeet]

ExP has informed me that he has changed his will (only just got round to it 4 years after we split)

He has told me that his house will be sold if he dies and the proceeds put into trust for the DCs which they will receive when they turn 18

He has made no provision for them financially as children despite currently paying maintenance through the csa

Can he do this?

If it's in trust, the trustees of the trust (which he will chose) can decide to give access to the money, or the income from it, I think.

That's the set up I've arranged with my siblings acting as trustees

But he says the money won't be able to be touched

That's the set up I've arranged with my siblings acting as trustees

But he says the money won't be able to be touched

He can put anything he likes in his will, but some wills are successfully contested after death. If the children are dependants then I think you may be able to have some provision made for them after your xp's death. I have no legal training though so I may be totally wrong and someone more experienced will be of more help.

I assume that he is fit and well and that his early death is very unlikely? It may never be an issue, but I understand your concern.

He can do whatever he likes with his assets. If he wants the children to have the money at the age of 18 then he is free to stipulate that. It isn't uncommon for people to leave houses or inheritance money to children but for the money to be in trust until they reach adulthood.
What about this pension? If he has a private pension the money in the fund should be available to provide for his children if he dies whilst they are still dependants. I don't think he can put that money in trust (but somebody with more knowledge might come along and know more accurately).

He's an older dad and while I'm not aware of any impending death it's not an impossibility especially as he has heart disease in his family and he's 52

Would they be classed as dependants if they live with me?

Oh and as far as I know he doesn't have a pension

Since there's nothing you can do to prevent the will while he is still alive, then it may be best to forget about this for now. If you really want to be prepared for the worst a short session with a solicitor may be your best bet.

my XH has no assets. I asked him to get life insurance for DD but he wont. He has one old policy that is £18K that he says is in trust for her when she reaches 18. She is 6yo. so if he dies then thats it, nothing more to support her.

plus he has got debts so I dont know if the life insurance is protected for DD or if it would go to pay his debts off :(

He can put what he wants in his Will but if he is financially supporting the DC now then you'd have a pretty good case to challenge the Will as they are classed as dependents. In general you can put what you want in your Will, but you can't just ignore dependents and not expect it to be challenged. So let him put what he wants and in the unlikely event something happens see a solicitor at that stage. Try not to worry about it for now though, they would not be left without until 18 I don't think.

and sky if his life policy is written in trust for DD then that should mean that it falls outside of his estate, so can't be taken for debts. Just get him to double check it has been properly written in trust (if not it may well still be possible to change it so it is).

Thank you babybarrister

Knowing him he has written it himself

It didn't even occur to me not to leave provision for our dds -I went in to the solicitor, told him what I wanted and he sorted it so we didn't discuss it really, presumably because I was clear about provision for them

Whenever I advise separated fathers who are liable for child maintenance I always recommend at the very least (if no death in service pension or cash available to cover the mtce) that they take out a decreasing term policy until the mtce is no longer payable. When this is depends on whether there's an order, CSA or voluntary arrangement. Sometimes it's 18, sometimes end of secondary or tertiary education.