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gsaps

balance of family test

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we're in the very early stages of everything but one potential snag is the mother in law possibly moving in the future

 

as she has remarried, i understand all the children of her spouse count towards the balance of family test.

 

If her current spouse dies (sorry to be morbid) do his children (from a previous marriage) still count in this equation?

 

thanks

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Guest Gollywobbler

Hello gsaps

 

Welcome to Poms in Oz.

 

If M-i-L's Partner dies, his children will become irrelevant to the Balance of Family Test as long as they are over 18.

 

We had exactly the same scenario with my widowed mother, and anybody who has not come across it is likely to get their law - and therefore their 'legal advice' wrong on this point. The error is very easy to make because of the way the legislation is worded.

 

Please shout if I can help further.

 

Best wishes

 

Gill

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