husbands ex wifes will!!! help

veryskint_3

lynzpower wrote: »

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?

Thanks for your response, we are entitled to tax credits and child benefit, but it does not go a long way with 6 people in the house and my husbands wage is not excellent.

veryskint_3

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. 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.

Hi thanks for the help but we actually saw the solicitor that is dealing with the will as we have a copy of it and he said we WOULD have to pay it back AND with INTEREST!!!! Also he said we would be able to get some money but it is at the trustees descretion. What i didnt say in my original thread is that his ex wife had another child with someone else who lives with her mum now so that is why they are making it difficult as they are only concerned about him and not the other two children. We did have a free consultation with another solicitor and he said we could take them to court and although we would be entitled to legal aid we wouldnt get it with these sort of matters. So i was wondering if the children could take them to court although then if they got legal aid that would come out of their estate. We are at our wits end.

veryskint_3

misty wrote: »

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?

Hi thanks for the reply but with my husband working we are not entitled to any free meals etc ive tried. I rang social security up and they basically said we are getting all we can. The only thing is we are struggling now as when the children came to live with us we had to adapt our whole lives to incorporate them as best as we could. We had to buy new beds etc as all the children came away from their old house was their personal belongings from their bedrooms, we even had to beg for them some keepsakes of their mum because everything including jewellry, ornaments even photos had been rifled through by the rest of the family, it is disgusting what they have had done to them (the children). Also I am unable to work to get extra income as i have back problems and also being treated for depression, as i am finding it all really hard ,but trying to cope best i can. Also she did slate us all to her family but now we know she was mentally unstable.

paddy's_mum

It would be interesting to know what the position would be if you and your hubby, through severe financial hardship, were forced to give up the children into foster care and alerted the authorities to the existence of the trust fund. I suspect that the executors/trustees would very quickly find themselves in a position where they could not refuse to release monies for the betterment of the children. (This is a hypothetical question, veryskint, and not a poke at anyone!)

I repeat my earlier suggestion that you need to see a copy of the will before others can guide you with any sort of reliability. I would also repeat that so far as I have ever been aware, the money goes to the children (not to you) and there is no obligation to repay it.

For the record, I second what Willman Rodders has told you regarding the question of breach of trust, and I suspect that the executors/trustees may shortly be facing some very unwelcome and awkward questions.

paddy's_mum

Sorry veryskint - your post appeared as I was still typing mine.

Would you feel able and willing to post the full, accurate and complete clause of the will where it says about 'for the benefit of the children'? Also, are the grandmother and uncle executors as well as trustees?

Someone else suggested CAB and that may well be a way to move forward.

veryskint_3

Hi thanks for all the help its really touching. I am still at a loss as to what to do next although we may try the "breach of trust" as i know if i was leaving a will i wouldnt like to think my children would be going without if the money was there to be used. Thanks again

veryskint_3

paddy's_mum wrote: »

Sorry veryskint - your post appeared as I was still typing mine.

Would you feel able and willing to post the full, accurate and complete clause of the will where it says about 'for the benefit of the children'? Also, are the grandmother and uncle executors as well as trustees?

Someone else suggested CAB and that may well be a way to move forward.

Here goes: "my trustees shal have power to pay the whole or any part of the income or capital from my residuary estate for the maintenance education or benefit(but not advancement) of any beneficiary and shall pay such sums to anyone who appears to them to be a parent or guardian of the minor or to the minor himself or herself if above the age of seven teen years and that persons receipt should be good charge to them, also the power to apply trust money at any time and from time to time in the purchase or the improvement of any freehold or leasehold dwellinghouse within the united kingdom and permit such dwellinghouse to be used as residence upon such terms and conditions as in their absolute discretion my trustees may from time to time think fit to require."
Hope this clarifies things .Thankyou Also they are executors and trustees

veryskint_3

I know im rambling but im on a roll. But also the third child my husbands ex wife had was not even on the will and my husband agreed totally that the third child should be amended onto the will so its not as if we are being unreasonable as he is getting a share too. We also have no clue as to what is actually in trust for the kids but we are guessing there is over £100,000 as the insurance on her house paid out. As the death certificate rules she was having a psychotic episode and did not know what she was doing.

paddy's_mum

I do not think the trustees have any room whatsoever to deny the children, through their guardians, some income from that trust. The terms make it clear that the money can be used for their maintenance - in my understanding, that equals new shoes when needed, school trips, exceptional dental charges, costs of holidays etc. The money could come from the interest earned by investing the capital, which one hopes to high heaven the trustees have done - at this point, I would refer you back to Willman Rodders excellent advice.

I do not accept what the solicitor (who is handling the will) has told you about the money will have to be repaid.

Might it be possible for you to either google for more information or alternatively ask at your local library for one of the excellent 'Which' guides to see if you can find out more. Another source of information might be the clerk of the court at whichever court local to you handles Family Law.

I simply do not believe that the law of this land will not allow that money to be used for the benefit of the children. The children were partially or wholly dependent upon their mother and were she still alive and the children living with you, you would have an absolute right to maintenance payments.

I would suggest that you contact CAB and ask them to help you write a politely worded letter to the trustees asking, once again, for their co-operation. Negotiation will often get you further than confrontation but if they will not give an inch nor a penny, then you may have to involve the courts.

It would be interesting to know if the trustees are releasing any of the money for the maintenance of other child! A judge can demand to know.

veryskint_3

paddy's_mum wrote: »

I do not think the trustees have any room whatsoever to deny the children, through their guardians, some income from that trust. The terms make it clear that the money can be used for their maintenance - in my understanding, that equals new shoes when needed, school trips, exceptional dental charges, costs of holidays etc. The money could come from the interest earned by investing the capital, which one hopes to high heaven the trustees have done - at this point, I would refer you back to Willman Rodders excellent advice.

I do not accept what the solicitor (who is handling the will) has told you about the money will have to be repaid.

Might it be possible for you to either google for more information or alternatively ask at your local library for one of the excellent 'Which' guides to see if you can find out more. Another source of information might be the clerk of the court at whichever court local to you handles Family Law.

I simply do not believe that the law of this land will not allow that money to be used for the benefit of the children. The children were partially or wholly dependent upon their mother and were she still alive and the children living with you, you would have an absolute right to maintenance payments.

I would suggest that you contact CAB and ask them to help you write a politely worded letter to the trustees asking, once again, for their co-operation. Negotiation will often get you further than confrontation but if they will not give an inch nor a penny, then you may have to involve the courts.

It would be interesting to know if the trustees are releasing any of the money for the maintenance of other child! A judge can demand to know.

Thanks again. Now then the matter of looking after the money is another issue totally, my husbands ex wifes dad( bear with me) was a steward at a local working mans club and he was forced to leave as he had been "fiddling" money into his own back pocket although this wasnt dealt with by the police he was told to get out and never come back, so you can understand why we are concerned ,as his wife who is trustee is totally ruled by her husband!!! (hope this makes sense). Also the child that is living with the grandparents is still getting a sum of maintenace off his dad. Its as though we are the only ones getting the sh***y end of the stick which really riles me.