Illegitimate adult child claim on inheritance

[RelativePitch]

My dad had an affair in his first marriage about 60 years ago. A child was born and the mother was paid off by my grandfather (around £250k in today's money). My father had nothing to do with this child and never met him.
My father died last year with a will whereby everything goes to my mother, but his properties go into trust for his 5 children.
My mother's solicitor rang to say that an anonymous woman rang up to say that she was going to make a claim on the estate on behalf of her son. No detail other than that. The Solicitor wouldn't commit to how worried we should be.
I understand that minors should be able to claim against an estate, but a 60 year old man?
Of course it could be another child we don't know about, but as my dad had a vasectomy in 1984, the youngest a child could be is 40.
My dad makes Boris Johnson look like the paragon of virtue!
How worried should we be?

Unless he was adopted he has a right to inherit as I understand it, and why not.

Your solicitor is best placed to advise you.

Which country are you in? Does your df's will name his five beneficiary children or does it simply say 'to be shared equally between my children'?

Also the total value of the estate. Your dm is entitled to the first significant chunk, so it could depend on how much there is above that amount.

If you're in England it will depend on the wording of the will. If it names the children individually then there's unlikely to be a successful claim, if it just says my children without naming names then as a child they'd likely have a claim.

So a woman in her 80s is lodging a claim on behalf of her 60 year old son?

Are you sure the son is even still alive or even wants to make a claim himself?

Can she make a claim on his behalf?

We are in England and we are all named. But we don't inherit anything for now anyway, my mum has to die first and hopefully that is many years away.

Are you not curious about your half sibling?

@Itsonlymashadow she would be 76. She had him at 16. My dad always denied he was the father...of course. There was no DNA testing back then.

If the beneficiaries are named then there is no right for anyone not named to make a claim.

@SkaneTos oh absolutely. I'd love to meet him, but what a shame they are only reaching out now. I always knew there was a rumour about this child, but I don't even have a name.

Also, you can DNA test now, for a familial match

It sounds like the trust is just in the name of the children of the marriage then so likely that that will be safe and there isn't much of a claim on the face of it. Any other children won't claim from your mother after her death anyway so it's just your dad's will to worry about but it looks fine based on what you say.

Doesn't stop a claim bring out in but it won't neseccessarily go anywhere.

The only possible grounds would be if he claimed you all placed undue influence to exclude him but that seems highly unlikely and impossible to prove as the main witness is dead or the testator wasn't capable of making a Will that excluded him.

He isn't dependent nor would have have a reasonable expectation to inherit ie had a long standing and well known promise of such

TBH if your solicitor doesn't know this, find one that does have experience in Wills and litigation.

When i had to defend a false claim, i quickly found that many solicitors knowledge of the law is poor at best but also don't rush to law either, spending money.... let him find out for himself the pointlessness of his claim.... if indeed there will be one.

@WallaceinAnderland the law was changed in the 70s and again in the 80s to make sure that children not named in the will could be provided for, especially if under 18. But it could also stretch to further education or training costs. Can't find any examples online if very, very adult children successfully making a claim.

Fighting about will is usually a waste of money, I worked with someone who was in a fight about a will for years. In the end the solicitors had all the money.

I presume it depends how your father worded his Will. If he said for his property to be shared between his children and named them individually I wouldn’t expect the illegitimate child had a claim but if he just said between his children then I presume any illegitimate children would have a claim. Your father should have mentioned an illegitimate child to the solicitor who drew up his Will in anticipation of this kind of claim.

This.

I don’t think the unfortunate man has much of a chance.

He knew enough to pay her £250k though, so yes, it is likely his son isn't it?

He knew enough to pay her £250k though, so yes, it is likely his son isn't it?

And, it's a bit more than a rumour surely?

From a moral perspective doesn’t it seem right that this other child should get something from your feckless father?

@BeakyPIinders, the girl and her parents turned up on my grandfather's doorstep and it was him who stumped up the £250k, not my dad. The girl had been working for my father 's first family, so my grandfather knew that it was quite likely to be true. My grandfather subsequently cut my father out of his own will as he was so outraged.

@Gladespade I've already told my mum, that we shouldn't fight it too hard. As a PP said only the solicitors will win if turns onto a really long battle.

Your Dad must have felt he was the father of he paid across large sums of money.

@caringcarer my grandfather paid, not my dad.

Why would he have done so if there'd been any doubt? There won't have been.

Jarndyce v Jarndyce...