What happens if a will leaves everything equally between children but there are children you don't know about?

[DetailMouse]

Hypothetical, but it's made me wonder.

My 95 yo uncle died recently. He had 4 adult DC, numerous GC and approx a dozen GGC.

He has left 1/6 to each of the children, 1/6 to his church, the GC get nothing and the remaining 1/6 is split between the GGC

Now, he worked overseas for long periods in his 40s/50s and never went back to the family home when he came back to UK. I'd guess there's a reasonable chance there are children no one knows about.

Likewise with the GGC. Some of the GC have had colourful lives. One of the GC is currently pregnant.

The will just says children/ great grandchildren, they're not named.

What happens re the unborn child or if others exist? If they come forward now or are discovered in the future?

None of this affects me, I wouldn't recognise my cousins in the street,but it piqued my interest.

I would guess if he's never acknowledged these potential children and he isn't on the birth certificate,how could anyone prove he was their father?

It's a bit much to assume its likely he might have children abroad.

It depends on what the will says. 1/6 to Bob, 1/6 to Jane etc is fine. 2/3 to be shared equally between my children is open to challenge.

I don’t think you “count” if you’re not born.

Any beneficiaries need to be alive at the time of death, so that rules out unborn GGC.
That wording is very unclear though. It's much better for people to be named so that they can be contacted more easily.

If they contest the will when it's in probate they'll get a look in.

If they're not born or don't exist yet they won't.

If they come around in 10 years looking for a handout they're not entitled to anything because his estate will have been distributed.

For a proper answer you probably need to post on Legal Matters

@Teastheword

It's a bit much to assume its likely he might have children abroad.

He was a thoroughly unpleasant man and we know "something" happened to end his marriage while he was abroad, but as I said all hypothetical.

Not born doesn’t count. (I was 38 weeks pregnant with Ds when my grandmother died. Dd inherited, Ds didn’t. I gave Ds my share so there wasn’t a discrepancy between them.)

This man set things up so the unborn child's parent won't get anything.

It's just interesting, he seems to have gone out of his way to cause as much aggravation as possible.

If there is a will then there can be a specific wording to include unborn children at the time of death I believe.

That’s why it’s difficult making small children beneficiaries of a will, especially if that generation is likely to expand.
I know families where the eldest grandchildren (alive at the time of will writing) have inherited but not the younger (will not updated). The family hoped people would do the “right thing” and share but no legal obligation to do so. Caused a lot of bad feeling.
But just generically naming grandchildren could cause issues too.

Seems very odd to miss out the Grandchildren generation,

Did he just do it to cause aggravation?

Someone I know found her dad had other children after his death, but evidence turned up in his paperwork that pointed to this. It caused a lot of hassle, but I don't think you have to go out actively and look for children if there is nothing evidential to make you think there is somewhere to look.
Unborn at the time of death (unless specifically stated, I think there is a way to put it in a will) doesn't count. Looking at you my dickhead brother who when our great aunt died and left money to our dc complained that they intended to have another child and they should have money too

@Thecatisboss

If there is a will then there can be a specific wording to include unborn children at the time of death I believe.

I don’t think that’s the case. How would it work practically? Estate split 4 ways between grandchildren, then another born 5 years later…. Executor has to ask everyone for the money back to redivide it.

Wills can certainly be written to make provision for children unborn at the time of the will writing, but not at time of death.

(I’m not a lawyer though so interested to hear if my thoughts are correct!)

@GretaGip

Seems very odd to miss out the Grandchildren generation,

Did he just do it to cause aggravation?

Yes. He said the GC never bothered with him and as they are all into adulthood that was their choice. The GGC are still mostly children.

If there is uncertainty, then the executors can instruct a genealogy firm to investigate. If you think you've found everyone but are worried about someone coming out of the woodwork, you may be able to get indemnity insurance. This happens more than you'd think!

In this instance the executor should put a notice in the Gazette. That gives any unknown beneficiaries (and creditors) the chance to come forward within a given time. It's highly unlikely any will see it, but covers their backs in case of later cases. The exception is if it is reasonably known that he has other children, in which case the executor should take reasonable steps to track them down.

Perhaps whilst he was overseas putting himself about, your aunt was having fun with the milk man, the gas man and the man from the Pru and she might have had to give a couple of babies away.

@LaraDeSalle

Perhaps whilst he was overseas putting himself about, your aunt was having fun with the milk man, the gas man and the man from the Pru and she might have had to give a couple of babies away.

Yes, possibly. As I said I was just thinking about a hypothetical situation where there may be unknown children

Unless there is something specific that suggests there are other children, I shouldn't think anyone would be looking. (No legal knowledge, just my thoughts)
One thing that is certainly true though, is that there's nothing like a will to set families against one another!!