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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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 is paying child maintenance 7 year old

Resolved Question:

Hi, my husband is paying child maintenance for a 7 year old child conceived by a married woman with whom he had an affair. He never sees the child or the mother and the child is being raised by the woman's husband, who is named on the birth certificate. Paternity was established through DNA testing that my husband is the biological father.
My husband has not made a will. What is the position if he were to die? Would the child have any claim on his estate or would it all fall to me as his legal spouse? What can be done to exclude the child from his will?
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.
What assets does your husband hold in his sole name?
Clare
Customer: replied 2 years ago.
Thanks for your response,
Most of our assets (house, bank accounts etc) are held jointly. He has a few shares, his pension and the car in his own name. He also has clothes, books etc. Most of it is joint, but , if I were to die first, he would get my share of the house etc and I wouldn't want any of that going to his illegitimate child rather than to my children, from my first marriage.
I am also wonder that should he die before the child reaches its majority, I would still have to support the child financially out of my husband's estate.
Expert:  Clare replied 2 years ago.
Hi
Any assets that are held jointly will pass to you automatically in any event - and in the absence of a Will you as his Widow would receive the first £250,000 of his estate which should protect you.
If you die first then if your husband does not make a Will there could indeed be a problem - so he should ensure that he does so, and that it makes some provision for the child should he die during its minority as otherwise the child would have a claim on his estate
I hope that this is of assistance
Please ask if you need further details
Clare
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