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

You can only leave out children you have adequately provided for. If he has paid no maintenance the child can successfully contest this through the court systems - and in certain countries they force an extradition for court proceedings on any surviving children who do inherit. I have seen the latter happen in Islamic marriages - so kids were technically illegitimate but the child’s home country didn’t see it that way and supported them to claim support from their father’s estate.

You can leave your money to who you want. However, there is nothing to stop them making a claim on your estate if they feel they're entitled. It'd be wise to write a letter explaining your reasons for not including them, and place this alongside your Will. That way, if they chose to make a claim and it went to Court, it's clear what your wishes were and why.

I thought illegitimate child was a love child, ie a child that is a product of an affair.

Not nice to call this child, it!

@Ozanj

You can only leave out children you have adequately provided for. If he has paid no maintenance the child can successfully contest this through the court systems - and in certain countries they force an extradition for court proceedings on any surviving children who do inherit. I have seen the latter happen in Islamic marriages - so kids were technically illegitimate but the child’s home country didn’t see it that way and supported them to claim support from their father’s estate.

Ooh. Fingers crossed eh.

Why not go the whole hog and call them a bastard?

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

It's not quite as simple as that - a child born outside of a marriage can be 'legitimised' by their parents getting married subsequently.

There’s no longer a difference between legitimate and illegitimate children in English law. It’s not the 1930s!

Stepmother, is that you?

@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

Yes, it can. Being illegitimate doesn't negate the right to support with or without a will. The right to child support will trumpt the will if challenged in court.

What a shame your "D"H didn't put something on the end of it, huh?

Disgusting thread

trump

@CatherinedeBourgh

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.

The courts also now look at how the UK assets were funded. If funded using money from a different country - there can be a claim. My uncle bought a UK house using funds from an Indian property sale (family property). The Indian will clearly named him and Mum as beneficiaries. Uncle took the money anyway and when he died it all went to his wife & left my mum out. Under UK law nothing was claimable but she went through the Indian courts & eventually got her share because it was logged as proceeds of crime (theft).

@PopsicleHustler

I thought illegitimate child was a love child, ie a child that is a product of an affair.

Not nice to call this child, it!

Any birth outside a marriage, whether from a relationship/an affair/a ONS/rape.

I feel this child will not lose out from having no contact with the OP, frankly, whatever finances involved, quite the opposite.

It is not the child’s fault he/she was the product of an affair. I thought we were over blaming children for their parent’s indiscretions.

One more thing ....as a child, the cost of litigation in Court will come from the Estate (inheritance).

Sorry to drip feed - I hate people who do this...

A relatives Mother died and she had a number of children. She left the house to her children and current husband in equal shares. However the children werent the children of the current husband and so they ended up fighting amongst themselves using the value of the house.

The husband basically had a 7th of the estate and didnt want to move house. I am not sure what actually was agreed in the end but I know that half of the value of the house was used in legal fees.

[quote PAFMO]@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.[/quote]
Yes, but the fact that it's 'odd and weighted' doesn't mean there is any confusion about what the word means.

It's not a word I (or anyone I know) use, but the definition is what it is.

@Thewindwhispers

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.

Only if the child is dependent on the person who died.

Not just "as its fair"

One couple i know, set up an insurance plan to pay out to cover all maintanence up to 18/20 for the other child (they were paying maintanence) to avoid any sort of extra claim - ie they were provided for, outside of the will.

once they are over maintance age, you can leave any child out of a will in England if you want.

You can leave assets to whomever you want in a will.
To state who you don't want to leave it to would be nonsensical and frankly vindictive, just say who you want the money to go to.

Clearly none of us have any idea of the backstory however cutting someone out of a will because they are illegitimate is horrible . It sounds like bloody awful parenting.

@ChocolateDeficitDisorder

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

It's not quite as simple as that - a child born outside of a marriage can be 'legitimised' by their parents getting married subsequently.

No, because (as the definition I gave states) they were born outside of a marriage.

The definition I gave is based on the simple question of whether the parents were married at the child's birth.

@springandsnow

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

Shameful

How can you call the person 'it'? Whatever the circumstances of the child's birth, we are still talking about a human being! This is unbelievably horrible.

I am glad I don't know you in person, OP.

All children are treated equally as others have said to a minimum level.
A will can differentiate between any or all inheritors.
If the child has been in the care of others for most of it's life then you can make that clear perhaps if that care has been 'better' and with wealthier carers. Adopted by a millionaire perhaps?

@GreenOrangePear

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.

No, in Scotland you CAN disinherit but you need to make it clear why, what the disinherited person has done to be excluded with as much supportive evidence as possible.

In England you can leave your estate to whoever you like. My Gran left her entire estate to her youngest son because he was unmarried with no family or property. There was nothing anyone could do about it. When that son died in an accident a few years later, the entire estate went to one brother (full brother with the same father). The other brothers got nothing because they were only half-siblings of the deceased. Again, there was nothing anyone could do.