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NSW Beneficiary to Husband's Will - Can They Ask Child Support from Me?

Discussion in 'Wills and Estate Planning Law Forum' started by ezmarh, 29 September 2015.

  1. ezmarh

    ezmarh Active Member

    29 September 2015
    Likes Received:
    My husband had an affair and due to this affair, had a child. He has only seen the child once and doesn't wish for him to see the child so long as he is with me. She takes child support on and off if she doesn't get her way, to which I told him to just pay it anyway.

    I'm wondering if he passes away and has left his money to me as the only beneficiary (to share out to our 2 children), will the mother of the other child be able to take any of this money he has left to me? He has a will stating all of this but with the way the world is now, who knows.

    Thank you
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    If your husband dies this child has a claim on his estate as do all his children.
    I would suggest he provide equally for all his children in his will as a failure to do this would lead to a family provision claim. Especially for a non adult child.
    The cost of a claim would likely reduce the estate to the point where all the beneficiaries receive less due to legal costs.
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