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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband has 2 children with someone else while married to

Customer Question

My husband has 2 children with someone else while married to me. We have a will and our children are named in a will. What are the other 2 entitled to?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How old are the children and does your husband pay maintenance?
Claire
Customer: replied 3 years ago.
One is 6 and the other is 6 months. He paid 15,000 and pays 433 monthly for the first child. The mother hasnt asked for maintenance for the other.I don't know if I attend to stay with my husband. The will was done early this year and only mentions my 2. Are they entilited to anything?
Expert:  Clare replied 3 years ago.
Hi
Yes both of this infant children have a potential claim on your husband's estate since they are clearly financially dependent on him.
If no provision is made for them with his Will their mother can make a claim on their behalf under the Inheritance (provision for family and dependants) act
I am sorry to give such bad news - please ask if you need further details
Claire
Customer: replied 3 years ago.
Is this for the rest of their life or until they are 18?
Expert:  Clare replied 3 years ago.
Hi
For so long as they are financially dependent so 18 unless they are still in Secondary education then
Claire