Illegitimate child/inheritance

[springandsnow]

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

It doesn't depend just on where you are, also on where the assets are.

For example, if you had a house or other assets in France, or many other countries, it would have to follow inheritance laws in that country. They do not allow you to disinherit children, legitimate or not.

You can write your will in England to say they will not inherit anything, but i believe that will not apply to assets held in other countries with different inheritance laws.

@Gonnagetgoing instead of going to court and fighting for their child? Sorry but if my partner said I'm taking DC don't contact, don't provide for them I'd fight tooth and nail for them. Giving up and allowing it to happen is definition of a dead bear parent.

he was told not to stay in touch with his son nor provide for him, so that's what he did.

A man who ignores his child simply 'because he was told to' is not a good man.

@TheMarvelousMrsMaisel 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.

I'm aware its a relative by marriage but if someone told you not to contact or provide for your child would you do it? I have zero respect for anyone who does this and have no contact with very close family members of mine who have done this.

@Octomore

he was told not to stay in touch with his son nor provide for him, so that's what he did.

A man who ignores his child simply 'because he was told to' is not a good man.

Quite. I'd opt for: That's what he's told his second family. Poor wee spineless twat.

Why shouldn't the child inherit? What's the reasoning for desperately not wanting them to?

@familyissues12345

Why shouldn't the child inherit? What's the reasoning for desperately not wanting them to?

I imagine because they aren't a pureblood and were birthed by another woman. God forbid they be reminded of their DHs indiscretions or have their friends know he abandoned a child.

You can write whatever you want, and exclude whoever you like.

But I’d add that a lovely childless aunt of mine, bless her, left her estate to be divided between her nieces and nephews, and it was specifically stated that if any of them had predeceased her, their share should go to their children ‘whether natural or adopted, legitimate or illegitimate’.

Yes. The English courts can and do rewrite wills. This is usually done where the will has been written an immoral way such as to deliberately disinherit a child.

There is nothing you can do to prevent the court from doing this.

@Franklin12

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

no you can't use the money from an estate before it is distributed to fight legal claims directly (been there) The executor/beneficiaries can use the money but if the claimant wins then the executor is personally responsible for repaying sufficient of the legal expenses to pay the claimant what they have won plus their costs if costs are awarded. What you can't do is say to the claimant "well you won but there is no money left it all went in court costs ha ha." If the claimant loses but the executor/beneficiaries are not awarded costs then the money is taken from the estate which is how you get the "well we won but there is no money" concept.

What the definition of an illegitimate child

So, hold on! Estate(s) have different rules to it?

What a delightful thread. "It", indeed.

Yes, in England you name whoever you want to inherit, rather than listing who you don’t want., so it could be your children, great aunt or the cats protection league, for example.

If you want actual legal advice rather that you start a bun fight you’d be better off describing the actual issues.

The answer depends on myriad factors including your locations, citizenship and relationship to the child and whether the child has received any financial support from you to date.

I've seen this done and all that's happened is a lot of money was lost and it caused stress enough for one person to have hair loss. Leave a fair amount stating your reasons. That has to come from the person who has a child living elsewhere, because only one of you is the parent.

@PepperamiPrincess

What the definition of an illegitimate child

A child born outside of a marriage. The definition is pretty well known, surprised someone wouldn't know it.

I England you have testatory freedom so you can include or not include anyone you choose. However, there is an Inheritance act (Family and Dependants) not sure on the exact name and a biological child is one of the individuals who is able to challenge that post death. Then it will be up to the courts.

So in other words- do what you want. But there is a chance it will be legally challenged.

@springandsnow

So, hold on! Estate(s) have different rules to it?

An 'estate' is simply what someone leaves behind when they die, regardless of the size or nature of the assets.

The rules will depend on where the deceased parent resided (England and Scotland are separate jurisdictions and the legal positions are different), and where property was owned (any property owned abroad may be subject to the rules of that country). You should get proper legal advice from an estate planning specialist as there may be complexities you’re not aware of.

I'm assuming the OP's other half had an affair and there is a child (living overseas) of that affair.

She doesn't want the child to inherit anything. Well you can set that our in your will but you can't control what your other half does.

It's unlikely that an adult child who has had no contact with a parent would be successful in a claim on the will.

OP, not sure why you refer to the child as an "it". The blame was with your other half, not the child.

(my comments are based on being in England)

@PepperamiPrincess

What the definition of an illegitimate child

very outdated concept these days as lots of people have children "outside wedlock"

The OP is very old fashioned

@Octomore
We all know what it means, it's just that what with us not living in Tess of the D'Urbeville's days it's an odd and weighted word to use. As the OP undoubtedly intends.

@PAFMO

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.

You're right that there's no need to specify in a will who doesn't inherit (that could be a long list ) but solicitors usually advise that if you are 'cutting out' anyone with a reasonable expectation that they'd be left something, you write a letter to go alongside the will explaining the reasons you aren't doing so (e.g. I leave all my estate to my daughter Sarah, I leave my son Tom nothing because I have already given him a substantial sum of £100k to purchase a property). Particularly important to do this if it's someone that might claim they are financially dependent on you as that's one of the reasons a will can be legally challenged in England/Wales. Or Tom might claim you weren't of sound mind or had been unduly influenced when you disinherited him, but a letter can make it clear there were perfectly rational reasons for doing so. Obviously it's not nice to diss someone in a letter after you are dead but if you can minimise the risk of hassle and expense for your legatees why wouldn't you?