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

[quote 52andblue]@knittingaddict

I didn't think illigitimate children could contest a will in ENGLAND tho?[/quote]
s25 Inheritance (Provision for Families and Dependants) Act 1976:

“child” includes an illegitimate child and a child en ventre sa mere at the death of the deceased

www.legislation.gov.uk/ukpga/1975/63/section/25

Thank you for all the helpful comments.

totally different circumstances and not done to try and disinherit anyone BUT...

We have split our estate in half between myself and husband. We have left our own half in trust for the spouse lifetime and after they die each half will be left as per each will. SO for example in very basic terms my half is left to my biological children and his half his left to his biological children
we did this to ensure if one of us died young that should the spouse remarry / get a partner the new person could inherit what was meant for the children

@springandsnow

Thank you for all the helpful comments.

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

Then perhaps you should have gone to a solicitor and paid it not to comment on what it thinks of you.

You'll need to go to one to check any legal advice given to you on Mumsnet anyway.

How truly unpleasant to brand a child illegitimate. They are a child, the relationship of the parents at the conception is irrelevant to decent people.

We also have a life insurance in trust to be split between the children which will be in trust (with trusties) until they become adults

You'll need legal advice because it might be a way of making things dramatic but I've seen film/tv programmes where one child inherits $1 and the other inherits the rest of the parent's millions.

The very fact that you should even use the word illegitimate makes me question your enquiry. How awful for the poor child if you are calling them illegitimate. I didn't even think we were allowed to use that word anymore.

Think you’ve described your personality just fine yourself! Maybe you would like to put as much effort into thinking why said child came about!

I think the only issue might be if the child is a minor. It could be argued that providing for the care of any offspring is essentially one of the debts of the estate. If there is life insurance or other provision for that purpose, excluding a minor child could get tricky.

Poor child! I sincerely hope they have some loving people in their life. You're not very nice.

@Mia85
@titchy
@RedWingBoots

Thanks. I realised after I posted that I was thinking of 'now adult' children but your advice & links may be useful to others so thank you.

I am the product of a relationship between 2 unmarried people.
My real Father died quite young and left his house to his wife. She sold it to his sister who used it to get on the property ladder. She in turn now lives in a £1M house, has a nice business & has never so much as given me the valueless silverplated cufflinks he was wearing when he died. Her choice but I wonder what he would think of that.

My Mother (had already been) married when she left for my real Dad and after he died she went back to her husband. As my real Dad had died when I was a baby, I was brought up to belive this husband was my 'Dad', sent to School in his name (birth certificate said otherwise), 'gave me away' at my wedding etc. He is the only 'Dad' I have ever known. Yet she never allowed him to adopt me.

My mother is now ill. She has no will. Her half of their house will pass to her husband naturally enough. IF he doesnt need it for care fees / choose to leave it to the cat home etc. it will go to my (older, his natural son) half brother. Who has made it clear I 'wont see a penny' if there is anything left at that point.
I have two disabled children (my half brother has grown up NT kids).
I think it would be fairer for any inheritance to be left between the 4 grandchildren. But it won't be & there's nowt I can do about it.

It's not just about 'the money' (as there may not be any & if they spent it on a cruise / gave it to a mongolian cat charity it would of course be their right - they earned it not me) but it IS about people's feelings.
OP you probably don't care about the feelings of 'it' if you can call a child that. But it's not a decent way to behave now or in 'it's' future. It can leave a lifeling shadow of not feeling 'good enough / included'.

But perhaps that is what you are aiming for?

You sound an absolute delight. Poor child

This will be about a grandchild I think. Grandmother wanting to leave stuff to grandchild but spitefully wanting to be quite sure that an “illegitimate” has no claim on her estate, likely blamed on some poor woman whose contraception failed and thus has been deemed to have tried to “trap” a golden, flawless son.

I would leave a nominal amount say £100 so they can’t argue that they were left out and not considered.

'That it shouldn't'!

Gawd op, not a good way to word it. Poor child, whoever he or she is or what relation they are t you, didn't ask to be born.

But you can state in your will that any of your children 'illegitimate' or not don't get anything. My uncle has stated in his will that his only son shouldn't get anything because he hasn't seen him for years, my cousin was about 12 at last contact, (now an adult) and at the time made his own mind up about my uncle (uncle is an idiot tbf) I think it's totally wrong but I have no time to get into that! My uncle is effectively blaming my cousin, a child at the time for the breakdown of their relationship. If something happens to my uncle, I hope my cousin takes it to court! Cousin was a child that did nothing wrong, just realised what his dad was like! (My uncle has a huge amount of £££ btw).

What the actual fuck is wrong with some people?

‘It’ is horrible.
Discriminating between children depending on marriage status of parents is horrible.
Discriminating between your own bio children / grandchildren is horrible,

But:

If my DD’s DH had an affair while in a work trip abroad that produced a child, whereas I would expect the child’s father to treat that child equally from his own assets, I would not want my estate to be left to that child at the expense of my Dd and her children. Or money left to my Dd to then be left to her DH and his children that are not my grandchildren.

So if I were my Dd I would leave assets directly to my named bio children (lifetime use of house to DH) and if I were that grandparent I might leave my estate to my named bio grandchildren.

@knittingaddict
In England anybody can contest a will...anybody at all. They may not get far and it will cost them a shedload but they can do it.

We use the words blended family as though its a good thing. With regard to money it rarely is but if we want to marry, remarry, have children with different men etc its going to be complex.

That is why I never wanted to be married to anyone who already had children. So I didnt. I accepted that I might well be single forever. I then met someone who didnt have a history or other children. I knew I would never be able to accept them as my own if I had married that person so I stayed well away from men with children already.

I resent all the judgement this woman is getting without knowing the circumstances.

I know plenty of Dads who were cut out of their child’s life’s very young by the Mothers. These children were then raised to call another guy Dad and will one day inherit of their step father. So why should a child you have never had a relationship with and who will inherit off someone else and has a loving Step Father also inherit of you and get the same as the children you raised and have a relationship with?!

It is different if you choose to abandon and walk away from your child and no one takes your place. Then you should take responsibility.

@drpet49

I would leave a nominal amount say £100 so they can’t argue that they were left out and not considered.

The advise my mum years ago (in England) was to name who you wanted to leave money to and completely leave people out if you didn't want anything to go to them.

The OP didn't want advice about their drinking attitude in refering to another human being, but they got it anyway. Extra mile kind of service on MN. OP, i think it is clear if you insist on going forward with the moral vaccuum of the will it is going to need a solicitor to be uncpntesable. So please ignore that and just use a DIY kit.

@springandsnow

Thank you for all the helpful comments.

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

Tough shit. You come on a forum asking for free anonymous advice then this is what you get. Tell your DH to grow some balls and pay a professional to deal with his illegitimate child’s inheritance.