husbands ex wifes will!!! help

veryskint_3

Idont know if this is in the right place but here goes. Eighteen months ago my husbandsex wife commited suicide, and we now have custody of their 2 children (10 and 11years) as well as another 2 children. His ex wife made out a will stating that her mum and brother be executors of the will, until the children reach 21, it also states that it can be used before then for their dwelling place and for their
upbringing,education etc. We have approached the executors about being able to have some at some point as we are really struggling and they have flatly refused , even though we would have to pay the children it back at some point. What maddens us is that their grandma and uncle couldnt really give a s**t about the kids especially the uncle as he acts as though the kids dont exist.
Could anyone help us as to which direction to go in as we really cant afford to drag this through the courts as we are really skint Any help would be appreciated. Thankyou.

misswig

Hi veryskint

I would get some advise from a solicitor regarding this. I am in a vaguly similar position as you- administaring ex H estate for the benefit of our son. In my case though i am a PWC and also the administrator of the estate so a bit easier then your situation.

It may be possible to apply for a change of executor to yourselves as you are guardians or get the court to release some money to you if you can prove that you need the money to help improve/ benefit the childrens life.

lynzpower

I dont think you would have a case even if you did pursue it.

the executors are not able to go against what the will asks. The fact that the will says it CAN be used for them not SHOULD would be difficult. mum says she will ALLOW them to give, but if they dont want to, I dont know what else can be done?

However, its very dificult to be sure until Id seen the document or had the exact wording in front of us.
Surely you are now entitled to increase tax credits, and child benefit for those children, additionally you wont bwe paying maintainence any more, so wont you save that money?

wendym

I don't think any lawyer would draft a will in such an imprecise way. The only wording I have met is that 'necessary money BE used' for their dwelling place and for their upbringing,education etc. until they reach a certain age.

As their guardians you have legal status. You really need a lawyer to read the will to find out the exact intention. I know you're trying to not spend, but half an hour (possibly free via CAB?) would probably be well worth it.

paddy's_mum

I have no comment to make other than that I have never come across money being allowed to be spent for the maintenance, education, benefit or welfare of the children having to be paid back at a later date. The whole point of that clause is that it is (eventually) the childrens' money and used for their enhancement.

I would be asking to see a copy of the will (through the Probate registry if necessary) and then seeing a solicitor who specialises in family law to see what can be achieved. I do not believe either that a Family Court judge would deny the guardians access to some of the money for the betterment of the children. Just my view, based on my own experiences - others may know more or disagree.

Kimberley

Why does the grandmother or uncle not want to help the children? Maybe they hold a grudge towards their dad or you? If the children are sufffering because of lack of money then surely they would want whats best for these kids. Do they want the money for themselves or do they want the money for the kids future like University fees etc?

I agree with the others in seeking legal help, would you not qualify for legal help? Ask the CAB if they can advice you or see if you would be entitled to extra financial help.

oramgepekoe

Where is the money now? Is it in a trust fund with the 2 relatives as trustees?

silvercar

If the money is there to be spent on the children as necessary then it makes it very difficult if the people with the purse strings are not the people with the children.

If the ex-wife were alive and your husband had care of the children, maintenance would be expected to come from the ex-wife to contribute to the children's care costs. I would have thought it reasonable that the inheritance from the ex-wife should be utilised in the same way.

If the husband has exclusive care of the children then he needs to be able to allocate funds accordingly.

It may be that you need to go to court to establish ground rules. The court would look at what is reasonable, having a pot of money untouched and children deprived would not be reasonable.

mrcow

paddy's_mum wrote: »

I have no comment to make other than that I have never come across money being allowed to be spent for the maintenance, education, benefit or welfare of the children having to be paid back at a later date.

Me neither.

And surely to goodness it's not what their mother would have wanted, for you and your husband to struggle to provide for her children?

I think that you should take some legal advice on this just to clarify exactly where you stand with the wording of the will.

misty

Was your husbands split with his ex acrimonious? and what were relations like with her before her death? If the split was in wanted on her part or she has slated him to her mother and brother than this may play a part in their decision to say no. I'm guessing money towards their education would have meant money for future University rather than school uniform etc now. I know you are skint but I would try to avoid dipping into the money now - how do yu know you will be a position to pay it back?

Have you made sure you are getting all the tax credits/child benefit ect you are entitled to as a family with 4 children rather than 2. Also, you won't be paying child maintenace - have you stopped the payments. if you are on a low income - you should be entilted to grants for uniform and free school meals ect. you could ask the school about buying uniform form them or even if they have a hardship fund.

the exes relatives may think that releasing money now when she only died 18 months ago is a slippery slope to a continous tapping for cash. Could you show them your incomings and outgoings and demonstrate how you will be able to pay the money back?

Willman_Rodders

Hi veryskint,

Although it is not clear from your original post I guess your husband's exwife's mum and brother as executors to her will are also the trustees of the trust fund for her children.

If they are then [in my opinion] they are leaving themselves wide open to claims of 'breach of trust'; this could be brought by the children when they are older, or by the children's guardians in the interim period.

As trustees they have a range of duties that are imposed upon them by law - Trustee Act 2000 plus others refers; this includes suitable investment of the trust fund to ensure it achieves growth for the children, and the distribution of the fund as required by the trust document (in this case the will). Where there is no guide (e.g. no expression of wish setting out how the trust fund is to used) then the task for the trustees becomes more periless as they have to 2nd guess what should be done.

If the trustees state they cannot release the monies for some reason then the Inheritance (Provision for Family and Dependants) Act 1975 gives certain rights to children and to anyone who is wholly or partly maintained by the deceased at the time of their death. the courts will instruct accordingly.

As Paddys Mum says - you should not have to pay back the monies released from the trust fund for the maintenance of the children. The wording of the clause in the will may not be specific, but the law regards it as implied where the children are under the age of 18 it is for their maintenance and education. If the will was properly drafted it will include additional clauses and powers to support the child's upbringing.

I appreciate you state money is tight at present; as a parent myself I know that those costs of feeding children just get more expensive as they grow. You are going to have to seek professional help to resolve this problem. Delaying it will just make your financial difficulty worse.

Hope that helps.