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?

Yes vasectomies are not always 100% reliable. A close family member’s failed!

@debbs77 do I dare!??!! I wasn't joking when I said that my dad made Bojo look like an angel. It's that type though isn't it, public school, Oxbridge...agents of chaos, but never having the slightest moment of self doubt.

From what you have said, he is excluded from the Will as it is left to named children not ‘my children’. So he has no entitlement under the will. people have ‘Testamentary freedom’ in England ie they can leave their assets to whom they choose. There are limited classes of people who can bring a claim against an estate. This is set out in the ‘Inheritance (Provision for Family and Dependants) Act 1975‘. Section 1(c) includes a child of the deceased. However their claim would be for ‘such provision as is reasonable in the circumstances for their maintenance’ under s2b. The courts have repeatedly not found in favour of adult children. Even if they were in regular contact with the deceased. It is most unlikely he would have a successful claim. It he had been ‘maintained’ by your father he could possibly have a claim. However this seems unlikely. He will have 6 months from the date of the grant of probate to bring a claim and further time for the claim to be ‘issued’. Your solicitor should have been able to give you this information. If he seeks legal advice himself, a decent solicitor should tell him he has little chance of success. If a claim is issued you should take advice from a solicitor specifically specialising in ‘contentious probate’ not a general solicitor or a general litigation solicitor. It’s also worth noting that if he does not bring a claim against your fathers estate, he has no standing to later bring a claim against your mothers estate as he is not in a class of people entitled to bring a claim (ie he is not your mother’s child).

But he didn't get that money, his mother did. I don't believe it would have any bearing on his right to inheritance, his mother could not sign away that right on his behalf.

Why should she? That strengthens his claim. Let them go to court if the want dna, might put them off.

Also, what if there are more kids out there, this would set a precedent.

Obviously none of this is in any way your responsibility OP but I would certainly not need to be court ordered to do a DNA test to share an inheritance with a child my father conceived in nefarious circumstances with a woman not much more than a child while he was a married man and she was his wife’s mothers help!

Why shouldn’t this child be recognised through inheriting through their father after being abandoned?

I will have a somewhat similar situation when my father dies. He abandoned me after divorcing my mother when I was 7. Remarried and took on his new wife’s daughter. He has stated he will be leaving everything to his stepdaughter when he dies after I made some effort to get in contact with him in my 40’s and show him the respect he deserved as my father and buy his excuses of it was too hard to stay in contact with me so he thought it would be better for me to remove himself from my life (not pay a penny in maintenance either!). Damn right I will contest his will when the time comes.

Oh, so not that much then. Still, now I am intrigued by which of many potential unknown siblings this one could be.

Why shouldnt he inherit?

Because if the father had wanted him to, he would have been named and inherited. Its as simple as that.

No one has to leave their money to someone if they dont want to.

Why are so many posters so keen for this 'child' or any others that there might be to get nothing? The OP and her siblings will never be able to put this historical wrong, of a man getting a 16 year old child pregnant, and then walking away with out a care, right. Sharing out any inheritance between ALL her dads children, does go someway to acknowledging a terrible wrong was done though.

@Geebray no it isn't given the type of profession he was in. But all through his adult life he had 3 ex-wives to support-although two died before he did in the last decade. When he had the full house of ex-wives he was spending £10k a month on maintenance. And private school fees on top. He should have ended up living in a cardboard box.

It does seem an unfair situation but Legally you do not have good grounds for a claim (see my earlier post about circumstances when a claim can be made).

Equivalent of about 1000 a month in maintenance during his childhood - could well all have been spent that way. It sounds a lot as a lump sum but it was to cover all of the costs his father wasn't going to take responsibility for.

So why should you be more entitled to his money than your half sibling? I just can’t understand the “should we be worried?” No. You should be doing the right thing and splitting any money evenly between all his children.

@Devonshiregal you've got a good point. I guess this will test everyone's moral compass. To be honest I'm more worried about my mum than any of us. Just want her to be OK.

But they must have been watching and waiting for your father to die!

I suppose fair enough if they were, especially the mother. I'd wonder if my father would leave me anything, in those circumstances!

But in this case could be that only mum knew, and why wouldn't she be interested. Especially if her son is poor, disabled or unwell, she may have been hoping his wealthy father wouldn't continue to ignore his existence.

My dad has very similar traits to your father it seems. I always think Boris too, we really can’t help our fathers 😁.

But I still have done an ancestry DNA test, as was trying to find my maternal missing grandfather. No extra siblings or wives so far for my dad, thankfully as my dads had 3 wives so far that I know of and 8 of us, and just going through a divorce.

I would do the test and see if that helps clear things up a bit. Keep it to yourself if your poor mum is going to be upset but we all deserve to know our parentage. If your grandfather was used to bailing his sons out and stopping scandals it’s possible either of his sons could potentially have more children than expected.

If you go to the general register office website and just put in child’s name you will be able to locate the birth certificate, anyone can order a copy of anyone’s. If you aren’t sure put mothers name and years and you will get a big list to go through.

It sounds as if your mum knew what your dad was like, especially since they split up and got back together.

I hope she will be okay but it sounds as if your family is wealthy and could spare a share of the children's inheritance for this young man without undue stress. I hope your mother doesn't got caught between warring factions.

Your mum took him back on. She knew what he was like.

How are you doing, OP?

I know you’re in England, but in Scotland children can’t be disinherited so they would automatically get a share.

His mother got that money, not him.

Since when did child maintenance - which a “here’s money, fuck off” sum is basically in lieu of - count as the child’s inheritance?

The mystery 60yo won’t get anywhere with his claim. It no longer matters for inheritance of money whether a child is illegitimate (in the UK). Interestingly, in Muslim law illegitimate children get nothing, and in the Phillipines they get half the amount of a legitimate child.

Everything goes to your mother, and he has no relationship to your mother.

Properties left in trust to named children, which does not include him.

If your all named on the will then there shouldn't be an issue. You can disinherit your children - that's the whole point of a will to state who you want it to go to otherwise he'd have left it to intestacy laws to take hold. Also if it all goes to your mum she can just make sure her will is watertight. Don't worry about this other claim she chancing it but it was pretty shitty of your father

As distasteful as it is, your father did not make provisions for the other child - it is still his will. However, with so many secrets and rumours,who's to say he didn't have a relationship with them at any point and it soured? Anyway, simply put, they have no claim.