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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35059
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

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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.
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?
Customer: replied 2 years ago.

Hi Clare,


£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

May I just check which part of the UK you are in?
Customer: replied 2 years ago.



What maintenance did your husband pay whilst he was alive - and what has been suggested now?
Customer: replied 2 years 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.



How much did the children receive in dividends?
Customer: replied 2 years ago.

Hi Clare

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

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?
Customer: replied 2 years ago.


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


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
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