Inheritance claim

[Japanesejazz]

My ex sister in law has died
During my divorce from her brother he was paying into her personal bank account £1000 a month to avoid paying child maintenance
he was paying £99. a month for our daughter
how do I submit a claim against her estate, I’ve ordered the death cert, probate not been issued yet
divorce was 2019, so potentially a lot of money to account for
obviously it was a scam. Didn’t count on his sister unconventionally dying

I don't see how you can have any claim against her estate without first proving your ex was committing fraud by transferring his money to her. What proof do you have of this?

Your dd is not a dependent to your ex sil so I don’t see how you think you have a right to her estate. You’d be better of going back to csa

If he was transferring 1000 a month to her, there would be an audit trail, go back to the CSA. If it were cash, how do you prove it? How will he prove it, and more to the point, how will he get it back unless he’s the sole beneficiary.

if he is the sole beneficiary, go back to the CSA, he’s now a rich man.

It sounds like you knew about the arrangement before she died so why didn't you report it before?

You need to report your ex husband, surely it is a claim against him as he is the one that should have paid it to you. Child maintenance should have been based on his gross income so it sounds like his has been lying about that somehow. Is he self employed?

What proof do you have that she was complicit in fraud?

You should go to the CMS.

As others have indicated, neither you nor your daughter have any claim against her estate based on what you have written.

Since the CMS calculation is based on income, I presume he was self-employed or owned a business and was paying his sister from the business, thereby reducing his own income. If she was actually working for the business, that is reasonable and there is nothing you could do about it. If, however, she wasn't working for the business or was doing work that clearly wasn't worth £1k per month, you could have gone to the CMS and asked for a variation based on diverted income. You can still do this and, if they accept that he was diverting income to reduce maintenance payments, they can backdate the increase.

Of course, if maintenance is based on a consent order and you have never made a claim through the CMS, the above is irrelevant. However, the consent order was only binding for one year. After that you could have gone to the CMS. You can, of course, still do so but your claim will not be backdated.

Thank you that’s very helpful
he is self employed and paid himself minimum wage to cut child maintenance down
payments came from CMS claim
initially based on his actual income
So first few payments were £1,600 a month
his sister never worked for him
as we were getting divorced he had to provide a years worth of bank statements, twice, he was giving her £1000 a month

Self employed (in which case he isn't paying himself a wage, his income is the business profits)?

OR

Owned and was the director of a limited company?

If a limited company, was his sister also a director?
A director is an office, not an employment, and can be renumerated as such without the individual needing to work for the company.

Is he inheriting or is someone else ?

If he has only been declaring the minimum and hiding the rest by transferring it to her, he has been fiddling his tax returns. Report him to HMRC.

Director of limited company
he was the only employee and shareholder

The sister in law died as a result of alcohol addiction and had 3 children under the age of 16 at the time of her death, pretty much penniless.
apparently there was no real support for her from my ex husband
Nor does he now have any interest in his niece and nephews
He’s spent all the money, she never actually saw a penny
Sad