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

@springandsnow

Thank you for all the helpful comments.

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

Think you'll find that that's what you're going to receive like it or not. Especially when you describe a child as an it. A family I was long term fostered in to had a similar thing happen. The family I was fostered couldn't conceive children and the stepmothers sister also adopted two children. The eldest sister had 4 birth children of her own. Their millionaire Uncle who had no children of his own left all his money to the eldest niece. His choice I guess but ruined the relationship between the families. Is this your husbands child by another woman?

OP, no-one will be able to give you a good answer on here as there are many factors involved.

You need to take real life professional advice.

longwayoff it's just possible it's her own grandchild - my grandmother did that, though to be fair in a time when the attitude was more prevalent, though beginning to change.

If child can prove parentage they will have claims in their parent's estate, will or no will.

@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!

Factually an illegitimate child is one born outside of marriage. Technically anyone living with their partner and having children with them is having illegitimate children.

However it's not a word to be thrown around in this day and age and I suppose this is one of the rare occasions where it's actually relevant matters somewhat.

In England legitimate and illegitimate children have the same rights and this child can contest the will if they so wish.

You can’t call a child “it” and expect not to be judged.

@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!

Nope, any child born out of wedlock. I am an illegitimate child as my DM has never been married.

@Cocomarine

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.

Agreed. Although, as an illegitimate bastard myself, 'I would say that, wouldn't I'?

@springandsnow

Thank you for all the helpful comments.

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

I presume you have been hit by a ten tonne truck OP, and I hope you are ok.

I think in countries like France and Italy all chidren must inherit but in good old Blighty the rights of children stop at the checkbook!

However beware of secret wills.There was one in my family generations past that caused much hurt.

@knittingaddict

I didn't think illigitimate children could contest a will in ENGLAND tho?

@Norgie

Message deleted by MNHQ. Here's a link to our Talk guidelines.

Why can't we use a little immagination? Lets presume she just found out something horrible, is human, and taking a minute or five to get her head around it.

Why infer that she is a "bitch"?

Leaving aside any moral issues…

No one here can advise unless you give all the specific details, and then only if they are a lawyer.

I am not a lawyer, but I can tell you that when DP and I did our wills neither of us wanted to leave anything (not even the house ) to the other, only to our D.C.

The lawyer advised us to be explicit in the Will and to briefly say why not (each had sufficient independent means) to avoid a claim based on dependency.

It may well be that dependency is a bigger factor than the marital status of the parents, since we live in the C21st.

Seek advice from a lawyer who specialises in wills.

@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”

When DS 2 was about 9 and asked what bastard" meant, having heard it used in public as a swear word, I explained that it was a very nasty and old fashioned expression to describe someone whose parents weren't married when they were born, which absolutely doesn't matter in this day and age etc etc

DS2 thought about this and then said "so Jesus was a bastard then". You're in good company!

I believe you have to specify names within the will - so rather than say leaving estate to "children" you name them - which is what I've done (not that I think there will be any other children out there) or you can state "biological" children to ensure step children don't have a claim (that's what I was told a while back anyway)

There is now no legal distinction between children born inside or outside of marriage - at least that is the case in both England and Wales and in Scotland. So while we all know the ordinary meaning of the word “illegitimate”, it actually doesn’t mean anything when it comes to inheritance (or any other legal issue). A person in England (not Scotland) can leave their entire estate to whomever they chose but a person who has a reasonable expectation of financial support can challenge it.

Go to a lawyer. Pay for advice and take your vile attitude with you. ‘It’ indeed

@52andblue

Yes.

If the child is under 18, disabled or an adult otherwise dependent on the parent they can contest the will. The Children's Act means parents have to provide for all their children that are legally dependant.

[quote 52andblue]@knittingaddict

I didn't think illigitimate children could contest a will in ENGLAND tho?[/quote]
Of course they can. There has been no legal difference for about 30 years!

so Jesus was a bastard then

Your ds sounds ace EmmaGrundy.

What an unpleasant thread. I suspect the OP is a grandparent. Whatever your relationship with the child's parent, how awful to blame anything on the child. Whoever's will it is will not be remembered as anything other than an unpleasant person.

It OP is the main earner and/or took the majority of assets into the marriage it’s understandable that she’d want her own children to benefit, and not her husband’s child (if that is the situation).

Consider using a trust. Trusts can be used to specify beneficiaries and cannot be challenged in the way a will can. You can transfer assets to a lifetime trust to protect against any claim being made on them (as long as six years elapses between an asset becoming part of the trust, and death). It’s not foolproof, but it is far more of an ordeal to challenge a trust as opposed to a will.

Consult a solicitor. That will always be your best bet.