Daughters father has passed away

fgcann001

I wondered if anyone could give some guidance or advice please.  My ex-husband has sadly passed away, he was paying child maintenance for our 14 year old daughter via the CMS.  Unfortunately we were not on friendly terms and if he could cut payments he would have done (although he loved our daughter very much, he hated me that bit more).  He was a very high earner, but had an employee contract through his friends ltd company which showed a minimal salary so I didn't get very much maintenance, but that bit helped towards her clothes and hobbies and essentials that a teenager needs.  He had a large house built which was mortgage free, 8 pensions (which i did not take half of when we divorced, even though we were married for 20 years) and he had an awful lot of money kept in his company, which I believe may have been off-shore.  He does have two other adult children from his previous marriage whom he spoke to about his will (which they have yet to find), but had had said that the house would be divided 3-ways, should anything happen then my daughters percentage would be put into a trust until she was 25.
My concern is that although the amount he paid was minimal, it really did help with providing for my daughter - although I'm terribly shocked and saddened by his sudden passing, I'm now worried about finances and I'm not sure he would have arranged a life insurance to cover her under she finished full time education.  I couldn't take out a policy as I had no idea as to his private health matters and I'm also not sure if this would have even been legal.  I just wondered what I'm able to do, if anything regarding financial support for my daughter until she has finished her education.  I'm working full time, although on a low salary and would of course take on more work, but at this stage it's not really possible due to her age and leaving her if I have to work evenings or weekends.
Any advice would be greatly appreciated as although my daughters wellbeing and her grief is the most important thing to me, I also have to be realistic about her future financially and as I didn't get very good advice when divorcing I'm worried about making the same mistake and her suffering as a result.
Many thanks.

naedanger

Which country did your daughter's father live in? (Scotland, England, NI, Wales)

Penguin_

I can't comment on the life assurance policy or anything like that, but could you look at any other areas of your spending that you could cut back on? If not, then (as you say) a couple of hours extra work in the evening will certainly help. I think a 14 year old would be ok to be home alone for a couple of hours, provided they have been fed properly & aren't being left to fend for themselves.

Robin9

This really does depend on the will being found. If it leaves a bequest to your daughter then perhaps the executors may be able to make an interim cash payment but even so this could be a few weeks away.

xylophone

You need to establish if your daughter's father left a will.

If he owned property and had substantial assets, probate will be required.

If he died intestate, Letters of Administration will be required.

If he died intestate, see  https://www.gov.uk/inherits-someone-dies-without-will

If he has not made provision , as she is a dependant, you could bring a claim for provision against his estate.

https://www.mills-reeve.com/insights/legal-publications/claims-under-the-inheritance-provision-for-family-and-dependants-act-1975

He had.......... 8 pensions

Did any of them provide a pension for a child (infant/still in education etc)?

theoretica

Your daughter, as a child, was still a dependent so may get financial support through pensions as mentioned.  Assuming she is getting 1/3 of the estate the money to support her will be there - you just need to access it!  If there is a trust set up in the will then it would be worth getting the wording looked at closely to see if it allows ongoing support for her.  If it doesn't, then a deed of variation to allow this would probably be the easiest course and I expect straightforward if the adult children support it.  Otherwise, making a claim through the courts that he has not made appropriate provision for a dependent as money in the future isn't appropriate for a need now. 

fgcann001

Thank you for your replies, that is so very helpful.
to answer some of the questions. 
He lived in the UK, but his company may well have been set-up off shore. 
I would not know the wording of the pensions but I know he had many and they were worth a lot, I'm not sure how that would work though and if these would be paying out as he wouldn't have drawn on them, unless that was used to buy the land and build his house.  When we divorced I said I did not want half of them as I felt they were his - but I guess this may have been a silly thing to do as they may well have helped now.
He definitely left a will, but it's finding it right now - once his older children gain access to the laptop I'm sure they'll find it.  But how do I know what was written in the will?
I also would not want to dip into a trust fund that is for her as I feel that it would be unfair and I'd be uncomfortable with that - I guess it depends on how much there is really as I want her to be OK when she's older too.
I guess I'd rather work extra and be lean on spend than impact her adult future, but also need to make sure she has what she needs going forward until she finishes school.
Its so difficult as I also do not want to upset anyone in the family as they are close to my daughter.

itsanne

What part of the UK did he live in? The rules are different in Scotland.

fgcann001

He lived in England, not Scotland nor Wales.

xylophone

But how do I know what was written in the will?

Once probate has been granted you can obtain a copy.

https://www.gov.uk/search-will-probate

As previously said, if he has made no provision, you can and should claim from his estate on behalf of his minor dependant.

With regard to his pensions, he may have  nominated her as a beneficiary.

Depending on the type of pension, there may be specific provision for a dependent child.

If his will creates a trust, it may permit funds to be accessed for her maintenance and education.

You say that your daughter's late father's family (which includes her half  siblings presumably), are close to your daughter - presumably they would wish to ensure that she benefits appropriately from his estate?

gettingtheresometime

Not the same circumstances but my FIL's will stated that if OH had died before his father, OH's share would have been inherited by our son.

whilst the money was to go into a trust until he was of the specified age, an application could have been made for funds if they were needed for educational purposes.