Wills & Maintenance

[littlejosh]

Hello

Hus and I have drawn up wills couple of years ago, but am just rethinking at the moment and making sure all the t's are crossed!

Hus has other children and we have 1 together (2yrs).

We have provided for each other and ensured the house would be paid for, however I wanted to check, as his second youngest child is 15 yrs this year, in the event of anything happening, can his childs mum make a claim on any insurance or monies left in a will for maintenance, does anyone know if such a claims represents a percentage of the estate or would it be calcualted on the monies he has paid her as maintennace the last couple of years and for how long.

They have a private maintenance agreement.

If separate provison is made for other children is this sufficient.

Im sure Ive read something on here before but cannot find it, so any pointers to old listings or info will be good.

I want to be sure that I wouldnt be forced to hand over a lump sum of money that we had intended for our own childrens future (particularly as they (he) are much younger), to be handed to someone else (outside of provisions my hus has already made to them). I have spoken to the guy he helped write our wills, but info given is abit vague.

Many Thanks

Not sure but there are some good boffins on the legal board that will no doubt help.

... shivers at the thought of DP's ex having claim over what he would leave :)

When DH and I made our wills, we took advice on this issue. At present, DH has two children from his first marriage (there are no other children to consider), a son of 16 and a daughter of 19. As the daughter is 19, she is no longer legally classed as a ?dependent? of DH?s, and therefore it?s up to DH whether he leaves her anything or not.

But as SS is 16, heaven forbid if DH got run over by a bus this afternoon, his ex could make a claim on the estate to an equivalent amount that DH would have paid in maintenance if he?d still been alive, ie the ex could claim maintenance from the estate til SS is 18.

As we?re only talking about two years maintenance for one child, it?s not a huge amount of money in our case (worst case scenario 24 months @ £200) ? however the solicitor told us that some couples take out a life insurance policy that would cover maintenance payments in the even of the father dying. Otherwise, if proper provision isn?t made, the ex would indeed be able to claim against the estate on her child?s behalf.

However once SS is age 18, he is no longer classed as a dependent of DH, and DH would not be obliged to leave him anything unless he chooses to, and the ex would not be able to claim against the estate.

It?s all quite straight forward if it?s sorted out properly, but a potential minefield if arrangements aren?t made.

Thank you have reposted on there...

Hi, have answered on your legal thread.