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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33823
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 died. His first wife has asked

Resolved Question:

My husband has died. His first wife has asked for maintenance from his estate for their 19 year old who attends college 3 days a week. (apart from the cash sum and shares from his company she will receive) . The executor has said he has worked it out on the amounts paid the 2 years prior to his death. Is that correct please.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Did your husband leave a Will?
Does it make any provision for his child?
What is the extent of his estate?
Clare
Customer: replied 1 year ago.

Hi Clare,

Yes.

£25,000 cash sum and 24 shares in his business to each of his 2 children

(Company 300 shares=100 ex on divorce - His 200 =48 to his children and 152 to his sister in his will. I did not want any shares or money in his business.

Wife and children received approx £25,000 between them in dividend last year.

I believe £ 625,000 approx.(£500,000 business, £125,000 cash in his name)

Plus our home and money in joint names £600,000.

Ex wife has home £600,000 approx + 3 or 4 other properties - is not destitute.

Thank you


Expert:  Clare replied 1 year ago.
Hi
May I just check which part of the UK you are in?
Clare
Customer: replied 1 year ago.

Essex

Trish

Expert:  Clare replied 1 year ago.
Hi
What maintenance did your husband pay whilst he was alive - and what has been suggested now?
Clare
Customer: replied 1 year ago.

It varied according to what dividend he took.But £10,000 as a general rule.

My husband died 2014 aged 58, one month after his daughter's 18th birthday.

Ex wants 23,000 for the years14-15/15-16.

Executor said that he felt £17,000 was a fairer figure.

I have no objection to some payment, but feel as they now receive a dividend from the company that should be taken into account.

I after all have no income other than pension.

Trish

Trish

Expert:  Clare replied 1 year ago.
Hi
How much did the children receive in dividends?
Clare
Customer: replied 1 year ago.

Hi Clare

around £4000 each (the older child 21 has lived in france for last 3 years)

Expert:  Clare replied 1 year ago.
Hi
So whilst there has been no maintenance the "child" has received an income that she would not otherwise have done - is that correct?
Is that for both years?
Clare
Customer: replied 1 year ago.

Hi,

Yes,that is correct as she is now a shareholder. She received a dividend for the year 14-15.

No dividend declared as yet for 15-16 as far as I am aware

Trish

Expert:  Clare replied 1 year ago.
Hi
Then whilst I understand the basis of the claim I agree that that income MUST be taken into account - and indeed it could be argued that whatever sum is agreed should come from his business assets and not those inherited by you
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33823
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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