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

Once one partner dies it doesn't matter what is in the surviving partner's will, the surviving partner can easily make a new will. In fact, anyone can make a new will the day after they make the one they agree with their spouse if they wish.
The only way to tighten things up is to get estate planning advice and sign legally binding documents jointly.

Actually we have no idea about the circumstances here
Maybe OP is a bitter jealous woman who’s husband had an affair OR maybe this illegitimate person has done something that means the person making the Will doesn’t want to leave them anything
There are a lot of assumptions and name calling going on here based on very little information
OP wanted legal advice not a character assassination

Whatever the person abroad has done, there is no call for calling them 'it'.

If a child is born "out of wedlock" and then is adopted they are not illigitimate.

This is a very uncomfortable thread, but we know so little about what the OP means that it is impossible to judge.

Maybe the OP is the "it" and is trying to simply get help without emotion?

@poorbuthappy

Maybe the OP is the "it" and is trying to simply get help without emotion?

She specifically says that "we" are in England, but the child is overseas.

Maybe the entire estate will be swallowed up on care home fees before anyone gets to inherit. A nice long, slow decline should do it.

Signed,
An adoptee that didn't inherit, cos I wasn't really family and mum had no will.

You can disinherit whoever you like but I think you'd need to seek legal advice about making sure the will was pretty explicit that this was the case. A close relative of mine has disinherited their adult child who had stolen large sums from them several times over, to feed an ongoing drugs habit.

@Aretina

Whatever the person abroad has done, there is no call for calling them 'it'.

Perhaps the child has been cut off as an adult because of something heinous that they have done, child sexual abuse or similar. I'd say that that would warrant the use of "it".

Granted it's more likely just to be someone being vindictive about the product of their husband's affair, but without the full circumstances we don't know that.

Dontbeme...... are you talking about your adopted or birth family, as there is no difference between a person's biological child and adopted child when it comes to their legal ability to inherit; they're legal equals, so you don't have to worry about being unable to inherit from your adoptive parents. This is true even if your adoptive parents die without making a will.

Perhaps the child has been cut off as an adult because of something heinous that they have done, child sexual abuse or similar. I'd say that that would warrant the use of "it".

I think if that was the case, the question would be phrased very differently and wouldn't revolve around their illegitimacy.

@Aretina

Whatever the person abroad has done, there is no call for calling them 'it'.

Well not necessarily with today's gender madness. I know someone who identifies as binary and wants to be referred to as it. So could be that.

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

On learning I was the accidental product of an affair my colleagues gave me the nickname “The Bastard”

My grandmother did this. Her son had an "illegitimate" child in the 1970s. He, the other sibling and and my mother inherited the bulk split 3 ways and the "legitimate" grandchildren a set amount of money (enough to buy a decent small used car type amount in those days). My uncle was paying the bare minimum to support his child, had no contact since babyhood and didn't care (though in his old age when the child was in his 30s he tried to build bridges and met him a few times).

My mother, to her credit, gave her brother's "illegitimate" son the same amount as the other grandchildren out of her share as neither of her siblings were willing to split theirs.

So you can't stop the heirs correcting moral injustices and "it" benefiting from the estate after all, but you can state who inherits directly (if all assets are in England).

You’d think over something as important as “it” 🙄 not inheriting, you’d actually get actual legal advice, no?

You did not need to use “it” OP.
He or she would scarcely make this identifiable (oooooooh - she just ruled out 50% leaving, oh - still millions of people… and she might have gender changed…).

Or you could have used a more humanising “they”.

“It” is pretty poor.

@Shade17

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

On learning I was the accidental product of an affair my colleagues gave me the nickname “The Bastard”

My grandfather and his siblings were 'bastards' and the word used to carry real stigma, it was used to dehumanise and abuse. He never permitted that word to be used around him.

I'm very glad that society has (mostly) moved on from that now!

Why did you type Estate with a capital? Are we talking about something more than conventional inheritance? If it is old family land then it may be much more complex if there are trusts etc involved.

@Hallmark1234

Dontbeme...... are you talking about your adopted or birth family, as there is no difference between a person's biological child and adopted child when it comes to their legal ability to inherit; they're legal equals, so you don't have to worry about being unable to inherit from your adoptive parents. This is true even if your adoptive parents die without making a will.

My adoptive family. Mum died without making a will, me (10 yrs old) and older sibling the only two left at home, other older siblings married with own homes and DC. It was decided that home could be 50/50 split between us two at home, or 100% to older sibling and I would have a guaranteed room in the home until I married. All siblings agreed that I would have the guaranteed room until marriage. So at 18 I sign this agreement, but sibling then has solicitor draft a document that I gave up this claim, as sibling wants mortgage to build onto the family home. My oldest sibling signed my signature onto the document, house is sold and I find out later (I was 19 in uni, no financial way of challenging this, no family support and risked sending two siblings down for fraud)

If you are going to complicate matters further by throwing adoption senario in...

An adopted person assumes the right of a birth child of their adopted family when it comes to inheritance- they inherit from the adopted family.

They have no right of inheritance from the birth family.

Jenny is born to Belinda and Bob

She is put up for adoption

Jenny is adopted by Alison & Andy, who have a son Alistair

Jenny inherits from Alison & And, along with Alistair unless Alison/ Andy's will says otherwise)

Why not google it instead of making a bit of a tit of yourself?

@springandsnow

Thank you for all the helpful comments.

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

But you still sound most unpleasant to a child who didn’t ask to be born.

I assume your male partner impregnated a woman without using contraception ?

The child is just as human as ones you may have spawned from the same father.

Yes, I used the term “ Spawned” deliberately.

We? That'll be your own child and your own Will that you're talking about? No. Thought not.

You'd probably be better leaving them a token amount or nothing and explaining that this is deliberate rather than an oversight.

Poor child though. I hope at least they are financially supported during childhood by the couple who created them even if they're going to get the ultimate screw you in the end. An innocent child does not deserve to be penalised for the choices of the parents. I know you don't want to feel judged but it's hard not to judge the fuck out of whoever it is who is screwing over their child because of their own choice to fuck around that resulted in creating them.

Yes it used to be awful @Octomore

My children are bastards

Assuming the child is under 18 then if your arsehole dp makes no provision for them the will can be challenged successfully. I'd happily chip in to help them claim.