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As Firstborn Legitimate Child , What Rights Do I Have In Contesting A Will Versus My Fathers Other Illegitimate Children ?
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My father was married to my mother for about 2 years. They separated and eventually divorced. He sold his wild oats everywhere , and I have 2 half brothers and a half sister , all of whom were born to 2 different women , and all of them out of wedlock . There are rumours of another 1 , possibly 2 others.
My father has earned quite a bit of money over the years , as he had his own company , but he never came near me.
Instead he lived with a woman who he met about 10 years after my mother , and my half brother and half sister that came from that relationship had the benefit of growing up with my father. They had the relationship with my dad that I should have had , seeing I was the legitimate child , and the firstborn.
He paid no maintenance money to my mother for years , and only once , when the guilt obviously got the better of him did he buy me a keyboard , to put salve on his own conscience most likely.
I know years ago , the law was very different and now illegitimate relationships are treated the same as legitimate ones , which makes marriage of little importance these days , because everyone now has equal rights , but , should my dad die , will I be in a better position to inherit his will than my illegitimate half brothers and sisters ?
They have been looked after all their lives while I've had nothing and been in many financial problems , even though at one time he owned his own factory.
Why should they be entitled to as much as me , or more than me ?
My father has earned quite a bit of money over the years , as he had his own company , but he never came near me.
Instead he lived with a woman who he met about 10 years after my mother , and my half brother and half sister that came from that relationship had the benefit of growing up with my father. They had the relationship with my dad that I should have had , seeing I was the legitimate child , and the firstborn.
He paid no maintenance money to my mother for years , and only once , when the guilt obviously got the better of him did he buy me a keyboard , to put salve on his own conscience most likely.
I know years ago , the law was very different and now illegitimate relationships are treated the same as legitimate ones , which makes marriage of little importance these days , because everyone now has equal rights , but , should my dad die , will I be in a better position to inherit his will than my illegitimate half brothers and sisters ?
They have been looked after all their lives while I've had nothing and been in many financial problems , even though at one time he owned his own factory.
Why should they be entitled to as much as me , or more than me ?
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Hi, blackmesa1. I don't think the fact that you are the eldest of your half siblings will carry much weight. Order of birth only matters in terms of earldoms etc. it all comes down to his will. (I am not a lawyer, by the way.) If he stipulates in his will that money, property etc. is to be left to named individuals, they should get that. If he should die without making a will, I think that legitimate and illegitimate children
(sorry, I hate that word) are treated equally, whether or not they are products of the surviving marriage. It's tough, but it all comes down to whether he made a will, and who he named in it, regardless of whether they grew up with him as their father figure, and I think, whether he was married to their mother.
(sorry, I hate that word) are treated equally, whether or not they are products of the surviving marriage. It's tough, but it all comes down to whether he made a will, and who he named in it, regardless of whether they grew up with him as their father figure, and I think, whether he was married to their mother.
Unfortunately, blackness, I don't think most of the points in the post have any relevance to your entitlement.
The main factor is what did he leave in his will. Another factor may be that if you were financially dependent on him still you could contest the will if inadequate provision was made for you.You'd need professional legal advice on that I think.
Are you in Scotland or England/Wales/ NI?
The main factor is what did he leave in his will. Another factor may be that if you were financially dependent on him still you could contest the will if inadequate provision was made for you.You'd need professional legal advice on that I think.
Are you in Scotland or England/Wales/ NI?
Well, blackmesa1, we now regard children as sacrosanct, whether they are born to a couple who have gone through a religious or official service of marriage or not. Whether their parents have lived together married for two years or have lived together unmarried for twenty, or any variation on those, matters not. It is not the child's fault, whichever it may be. It's difficult to argue with that priority, isn't it? Your brother or sister would still be your brother or sister if they were born before your parents were married and you were conceived and born after that,and your father would still be your father whoever was the mother and whether the couple were married or not.
In Barmaid's temporary (I hope) absence I'll try to paraphrase what I think I've gleaned from reading her posts over the last couple of years :
1. In the UK, if a will exists then the inheritance will be divided according to the provisions of that will. It is irrelevant whether the legatees are legitimate/illegitimate or even outside the family.
2. The will can be challenged if it fails to make reasonable provision for anyone currently dependant on the testator - such challenges are usually only successful where they relate to provision for a dependent minor, or where an adult has been dependent on the testator and there is a reasonable expectation that they will continue to need support.
3. If there is no will then the inheritance will be distributed in line with the law on intestacy in the relevant country.
1. In the UK, if a will exists then the inheritance will be divided according to the provisions of that will. It is irrelevant whether the legatees are legitimate/illegitimate or even outside the family.
2. The will can be challenged if it fails to make reasonable provision for anyone currently dependant on the testator - such challenges are usually only successful where they relate to provision for a dependent minor, or where an adult has been dependent on the testator and there is a reasonable expectation that they will continue to need support.
3. If there is no will then the inheritance will be distributed in line with the law on intestacy in the relevant country.
sunny dave, the other issue is where someone has been promised that they will be left something, has behaved in a way that shows that they relied on this promise, and will suffer loss as a consequence of not receiving it.
There was recently a case of a bloke whose parents had been promised that he would be left the family farm. Relying on this, he had worked on the farm without a salary for many years and accordingly had no home of his own and little financial reserve. One parent died and left everything to the other parent but when the second parent died, they left everything to a charity. The case went to court and even though the son wasn't strictly a dependant, the will was overturned on the basis of promise, reliance and detriment.
There was recently a case of a bloke whose parents had been promised that he would be left the family farm. Relying on this, he had worked on the farm without a salary for many years and accordingly had no home of his own and little financial reserve. One parent died and left everything to the other parent but when the second parent died, they left everything to a charity. The case went to court and even though the son wasn't strictly a dependant, the will was overturned on the basis of promise, reliance and detriment.
Yes woofgang - but (as far as we know) he hasn't been promised anything and has had little if any contact with the father for years, so he's neither a minor nor dependent.
So if there is a will he has zero grounds to contest it - unless it's on a technicality such as not being properly witnessed, not of sound mind, etc
If there is no will it's a big kettle of worms - with all his children potentially being entitled to an equal share - and the woman he was living with having a claim as being dependent on him. It will take some sorting. It doesn't sound as though he's the sort to make a will
So if there is a will he has zero grounds to contest it - unless it's on a technicality such as not being properly witnessed, not of sound mind, etc
If there is no will it's a big kettle of worms - with all his children potentially being entitled to an equal share - and the woman he was living with having a claim as being dependent on him. It will take some sorting. It doesn't sound as though he's the sort to make a will
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