Advice Needed

Carolck1

Hi everyone, not sure if Im posting on the right forum but hoping someone can offer me some advice or point me in the right direction.
I lost my partner last year and we have 2 wee ones aged 5 and 2, when he died we lost the house as it was in his name and not mine anyway, the estate has finally been settled, my two wee ones will get 30k each from their dads estate which will be put into trust. I have been advised I am not entitled to anything as we werent marrid this does not bother me as I was always just wanting them to be ok, however I owe around 10k in debt, which I was hopign I could "borrow" from their trust and pay back I have been told this isnt the case can anyone advice me of this. Dont know what to do as in rented accomodation now and would really like to buy a house of our own in a few years any help would be greatly appreciated.
Carol

EssexHebridean

Carol, can't offer advice I'm afraid, but didn't want to read & run without saying how sorry I am to hear of your loss and your situation. I really hope things get resolved for you.

oldtractor

Welcome to the forum. I think going to Citizens Advice is a good start. Theyshould be able to tell you about the money. As for buying a house, as I see it the money is the childrens and not yours so I dont see how it could be used to provide a deposit for you.

warriorfullights

Advice can always be given. It will depend on how you wish to use it or ignore it. It would be up to you. I may say that finding a nice job should be the first move. If you already have a job, then that is great. You could borrow money to anyone especially from family, then try to pay it back as soon as possible. God bless you and your family as well.

Carolck1

Hi there, I do work for the local authority in the social work office as well as being a mum to my 2 little ones. Thanks for all your advice not really sure what to do will speak to the citizens advice bureau and see what they think thanks again everyone. To be honest not wanting touse the kids money for a house that is my responisbilitya s their mum I just wondered if "borrowing" money from their trust to settle this debt would be an option thanks again
Carol

RAS

Hi

if you partner was supporting you financially at any time during the 6 months before the death, you should have recieved a pay out from the estate in England ands Wales anyway. Did you apply for support from the estate?

Carolck1

In Scotland I am not eligible to anything from the estate unfortunately, I did ask but was told no. Thanks again.

RAS

I understand that if he did not make a will, you may have been able to claim http://www.scotland.gov.uk/Publications/2009/06/24094516/27

Tixy

Are you sure that the cohabitants part of the Family Law (Scotland) Act do not apply? I would have thought you would have been able to make a claim based on that (although I know little about the scottish system.)
Who did you ask about the estate who said no?

http://www.legislation.gov.uk/asp/2006/2/section/29
and http://www.scotland.gov.uk/Publications/2006/04/12094440/27

(sorry RAS hadn't seen your reply)

Carolck1

Hi there, he did make a will however it left everything to his two older children from his first marriage and I had to contest the will so that out two would get from their dad, therefore the will is null and void, the solicitor dealing with the estate told me that i would not be entitled, I did seek independant advice and I think because the house was not in joint names I am not eligible.

RAS

If he left a will, then the section I mentioned would not apply, but if that is null and void?

Pity the house was not in joint names.

You cannot use money left in trust for your children to pay off your debts even if you repay the trust. Scottish law is so different anyway and a lot depends on the parameters of the trusts as to what you can do. For example, you may be allowed to use the money to provide something for the children that you could not afford otherwise which gives you scope to have a better life and pay your debts. Or you may be able to use the money towards the deposit on a house, as long as you regsiter the childrens's interest in the house?