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Illegitimate child/inheritance

178 replies

springandsnow · 31/03/2022 10:30

Hi all,
Just the above really, can an illegitimate child inherit, if we specifically write in a will that it shouldn't?
Many thanks

OP posts:
HollowTalk · 31/03/2022 10:32

I suppose you can leave your money to whoever you want and would have to name them. You could leave the illegitimate child something, but not as much as the others.

Horrible to think about.

EmpressCixi · 31/03/2022 10:33

“It”? Ugh. Why would you want to disinherit a child for being illegitimate? As whether you can disinherit a child the laws differ between the nations in the U.K.

Mia85 · 31/03/2022 10:36

You can disinherit any of your children whether 'legitimate' or not provided that: (a) your will is clear; and (b) they are not successful in a claim under the inheritance act for 'reasonable financial provision'

Whether you should do so is a different matter.

springandsnow · 31/03/2022 10:38

Thank you so far, the "it"was deliberate and we are in England, hovewer child leaves abroad since birth

OP posts:
Mia85 · 31/03/2022 10:39

@EmpressCixi

“It”? Ugh. Why would you want to disinherit a child for being illegitimate? As whether you can disinherit a child the laws differ between the nations in the U.K.
This is quite right. I have assumed you are in England and of course I shouldn't have done so as you haven't said. You need to say which jurisdiction.
dfendyr · 31/03/2022 10:40

Does your partner currently provide for their child?

Assuming 'its' not yours based on your language choice.

If you want to make sure that they are left with nothing (seems to be a shame as they didnt choose either of their parents) its suggested to leave a nominal amount to show they have been considered

SoosanCarter · 31/03/2022 10:40

You can’t dictate what an heir will do with their inheritance. Eg you can leave money to someone and state that none of it must then be given to said child.

Mia85 · 31/03/2022 10:40

Sorry cross post. Why 'it'? If you don't want to say whether male or female 'they' would be better.

Is the child still a minor? Are you supporting them?

SoosanCarter · 31/03/2022 10:41

@SoosanCarter

You can’t dictate what an heir will do with their inheritance. Eg you can leave money to someone and state that none of it must then be given to said child.
Sorry, I meant you can’t
FinallyHere · 31/03/2022 10:43

As PPs have said, under UK law you can leave to whomsoever you choose.

Be aware however that dependents, anyone who has depended on you in your life, can make a case in law for support to continue.

It is sometimes advised to mention in the will, anyone who may have a claim. They can be left a derisory amount, say one GB pound. to demonstrate that they had not been forgotten: they had been considered and deliberately left out.

EmpressCixi · 31/03/2022 10:45

@FinallyHere
As PPs have said, under UK law you can leave to whomsoever you choose.

I think you meant English law because in Scotland for example, you cannot disinherit your child (legitimate or not).

GreenOrangePear · 31/03/2022 10:45

You can do what you want in England as far as I know.

Although if the parent moves away from England you may want to do some research. For example if you move to Scotland and you die there children are entitled to a share and can't be disinherited.

MichelleScarn · 31/03/2022 10:46

@springandsnow

Thank you so far, the "it"was deliberate and we are in England, hovewer child leaves abroad since birth
Is that because you are horrible people?
PAFMO · 31/03/2022 10:46

Why complicate things by listing who doesn't inherit.
Just list who does, no?
"Fred receives everything" is clear enough.
No need to add "and Tom receives nothing" surely?
You've clarified you're in the UK- the nationality of all concerned is also relevant.

Change123today · 31/03/2022 10:47

Why though? It was hardly like the child asked to be? They didn’t choose to be born ‘illegitimate’

A Will can be written to decide where the money goes. If no will, I’m not sure how it works? I guess they should get an equal share? But I’m assuming that people are fair and decent.

PAFMO · 31/03/2022 10:47

[quote EmpressCixi]@FinallyHere
As PPs have said, under UK law you can leave to whomsoever you choose.

I think you meant English law because in Scotland for example, you cannot disinherit your child (legitimate or not).[/quote]
Anyone else hoping these people are in Scotland and "it" is in France?

TheMarvelousMrsMaisel · 31/03/2022 10:48

If your partner/mum/dad whoever was man enough to have the child regardless if they are involved or not, surely they are man enough to provide for said child?

You sound awful.

Octomore · 31/03/2022 10:48

@springandsnow

Thank you so far, the "it"was deliberate and we are in England, hovewer child leaves abroad since birth
Well you sound lovely.

In England you can disinherit whoever you like.

PAFMO · 31/03/2022 10:49

@Change123today

Why though? It was hardly like the child asked to be? They didn’t choose to be born ‘illegitimate’

A Will can be written to decide where the money goes. If no will, I’m not sure how it works? I guess they should get an equal share? But I’m assuming that people are fair and decent.

I suppose some man who couldn't keep his dick to one side for his wife fathered a child "illegitimately" at some point and the wife's not happy.
AchillesPoirot · 31/03/2022 10:50

You sound awful.

springandsnow · 31/03/2022 10:54

Thank you for all the helpful comments.

I did not ask for lifestyle advice or to describe my personality

OP posts:
FinallyHere · 31/03/2022 10:54

Good point @EmpressCixi thank you

Franklin12 · 31/03/2022 10:57

So if someone like this is deliberately left out can that person use the estates money to fight their case? A relative told me you can and their family ended up using a fair amount in legal costs before it was settled. Think half brothers and sisters etc

TreatTrimTame · 31/03/2022 10:57

@springandsnow

Thank you so far, the "it"was deliberate and we are in England, hovewer child leaves abroad since birth
Oh Lord, so not only is it illegitimate but it .... gasp LIVES ABROAD SINCE BIRTH! You poor thing. The scandal. Drown it at once.
Gonnagetgoing · 31/03/2022 10:58

@TheMarvelousMrsMaisel

If your partner/mum/dad whoever was man enough to have the child regardless if they are involved or not, surely they are man enough to provide for said child?

You sound awful.

@TheMarvelousMrsMaisel - it depends on the relationship. A relative of mine by marriage, in his first marriage had a son and they moved after the divorce back to his ex-wife's home country.

As far as I've been told he was told not to stay in touch with his son nor provide for him, so that's what he did. Child is now about 30.

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