Daughters father has passed away

fgcann001

Thank you for your advice.  The link for the will/probate is really helpful and I'll make sure I check this.  Her half siblings would make sure she benefits equally I'm sure.  However, my ex husband was so hateful towards me that he didn't particularly want to pay child maintenance in the first instance, so I'm not sure there would be provision for this in his will or pensions to ensure she is cared for until she finishes her education.  I guess I need to wait and see and just make plans in case there is not going to be anything to support her going forward.  I'm dreading it all as it's bad enough that he's passed away.

xylophone

so I'm not sure there would be provision for this in his will or pensions to ensure she is cared for until she finishes her education. 

If there is no provision, the executors can approach the beneficiaries concerning a Deed of Variation - failing that, as has been said in previous posts, you may make a claim for provision for his child from his estate.

However, why should this be necessary if the half siblings are well disposed towards your daughter?

With regard to the pensions, certain types have a specific provision for the dependent children of deceased members of the scheme.

The administrators/exors of your daughter's late father's estate should check.

fgcann001

Just to clarify - the executors of the will are not his daughter/son, it is other family members who are not talking to me and would do their utmost to ensure nothing is provided I'm quite sure. 
I have also just found the divorce consent order, and again - I was badly advised as there is a paragraph in there to say neither applicant or respondent shall be entitled on the death of the other to apply for an order for provision out of the others estates.  I take it this means I'm unable to claim for provision for my 14 year old daughter due to this paragraph in the divorce paperwork?
I have checked with the state pension and there is nothing to provide for the children of ex-spouses.  With regards to all his other pensions, I'm not sure if he moved these or took the finances out from them when he was able to. I'm not sure how I would check if there is specific provision for dependents in them as I don't have the paperwork for these, they would be in the will I'm guessing though.  But as an ex-spouse I would not be able to see any details to these I'm sure and I know the executors will not look or check for this.

TonyMMM

fgcann001 said:

 there is a paragraph in there to say neither applicant or respondent shall be entitled on the death of the other to apply for an order for provision out of the others estates.  I take it this means I'm unable to claim for provision for my 14 year old daughter due to this paragraph in the divorce paperwork?

Take proper advice on that - I would read it that you can't make an application against his estate for provision for yourself, but it shouldn't affect your daughter having such a right.

xylophone

I was badly advised as there is a paragraph in there to say neither applicant or respondent shall be entitled on the death of the other to apply for an order for provision out of the others estates.  

But you would not be claiming for yourself but for his dependent child?

xylophone

the executors of the will are not his daughter/son,

But they are the beneficiaries?  https://www.redstonewills.com/news/item/what-is-a-deed-of-variation-how-can-it-benefit-you#:~:text=A deed of variation is,someone who did not inherit.

What is a Deed Variation?

A deed of variation is a document that allows the beneficiaries named in the Will to change the distribution of the estate. For example, it can allow for a beneficiary to reduce their share in order to give it to someone who did not inherit.

As they are well disposed towards their  half sister, they might well choose to do this in the absence of provision by their father.

Otherwise you would explore a claim against the estate for his child as above.

sammyjammy

if they've yet to find a will how do you know who the executors are?

badger09

fgcann001 said:

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 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............................

So no-one has seen the will?

fgcann001 said:

Just to clarify - the executors of the will are not his daughter/son, it is other family members who are not talking to me and would do their utmost to ensure nothing is provided I'm quite sure. 
..........................

How do you know?

fgcann001

My ex-husband's daughter told me that they've been unable to locate the will or the solicitors that acted on his behalf, as she asked me if I would have any idea as to where this could possibly be.  This information will all be on the laptop which I think they'll gain access to shortly.  He was very private and has told no one what was in the will. 
It would appear my ex-husband had informed those named as executors before he passed.