How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have two questions:I have been divorced for 25 years

Customer Question

I have two questions:
I have been divorced for 25 years and have a court order for maintenance until such time as I remarry or cohabit for longer than 6 months, so as such am a dependent. My ex husband did want to change the court order and pay me a lump sum some years ago, I sought legal advice and at that time was entitled to a lump sum of £80/100k or so based on Duxbury Calculation. However, the matter was not resolved at that point and I continue to receive maintenance payments. Sadly, my ex husband is now terminally ill and has remarried in the past week. What is my legal position when the inevitable happens or has the law changed now, as it does, I really just need to be aware of what I should and should not ask.
In the divorce settlement papers, my two sons are entitled to 40% of his estate, what legal advice should they request and how and when should they go about this, given that it has been confirmed their father has only months to live. It is difficult to think about these things when they have received such traumatic news and whilst I have made them aware very gently that this would be the case, I would like to be well informed so that I can support them when the time comes.
Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the Order refer to "Joint lives" in terms of how long the payments shoudl last, and what is the wording of the provision regarding the $0% of his estate?
Clare
Customer: replied 2 years ago.

I am not sure what the wording is in the order , nor how I obtain a copy of it. I will also need to find a copy of my divorce settlement in order to establish the wording, but I do remember discussing this at length at the time as I wanted to ensure my sons were provided for. I will look for the document and come back to you if that is OK.

I will e mail you tomorrow if that is OK.

Thanks, ***** *****

Expert:  Clare replied 2 years ago.
Hi
That will be fine
Amanda
Customer: replied 2 years ago.
Customer: replied 2 years ago.
I have found correspondence which states that he is willing to pay 40 percent of the capital sum payable on his death in service. This is 4 times his salary and would request it be put into trust for children. This of course no longer applies. I cannot find my court order so need to apply for a copy.
If my ex husband dies without a will, what would happen then, now that he has remarried, would my sons be able to
Expert:  Clare replied 2 years ago.
Hi
It is likely that your spouse maintenance was for joint lives and has therefore come to an end.
If there is no Will then the Widow will receive the first £250,000 of the estate plus a life interest in half the remainder.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
One more question as a dependent I was informed some time ago that if necessary I could contest for the lump sum I am still owed following divorce is that still the case as I know laws change all the time.
What would my sons be able to ask if they should not be provided for.
Thank you
Expert:  Clare replied 2 years ago.
HI
What lump sum are you still owed?
Clare
Customer: replied 2 years ago.
I mentioned this in my first email, I was informed on a couple of occasions that I was still entitled to a lump sum, I received a capital sum and this went into my house at the time. A lump sum calculated on life expectancy called duxbury calculation. What I am not sure of is the parameters for this, it may not still be the case, this is what I was asking, refer to my first email.
Also where my sons stand now father has remarried, if no provision is made for them in his will.
See first email for details.
Thank you
Expert:  Clare replied 2 years ago.
Hi
I am sorry but from what you say you have already received the lump sum and there is no further claim that you can make.
With reference to your sons unless they are still financially dependent on their father at the time of his death then I am afraid that there is no claim that they can make
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)