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Terminally ill ex-wife, rights to estate to support children

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  • Terminally ill ex-wife, rights to estate to support children

    Awful situation so I'll keep it as dry as possible:

    3 children under 15, myself and ex-wife 50/50 co-parenting for last 4 years. Ex is terminally ill and planning on leaving all of her estate to the 3 children in trusts. I will be sole guardian and have recently taken over all parenting. I am not executor on the will.

    Do I have any rights to apply for monthly maintenance amount from the estate before and/or after she dies to contribute towards costs of having the kids full time?
    Tags: None

  • #2
    I'm very sorry to read about your ex wife's serious illness. She is obviously worried about her children's future and is trying to help with their finances when they are older.

    Her will may have included a discretionary trust for the children. If she has the trustees may release funds if money is required for their upkeep or for certain events in their life while they are still a minor

    As the children's only guardian you would have to ask the trustees to release funds stating what the money is needed for
    Last edited by Pezza54; 31st March 2025, 16:45:PM.

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    • #3
      From what you say, you do not appear to have any grounds or rights to claim against your former wife's estate.

      Pezza makes good points.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

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