will

[JanL]

My sister was in a relationship with a married man and had a child by him. The wife was aware and went along with the fact that her husband spent as much time with my sister and their son, holidays, Christmas etc. However, he has now died and as far as we know, left no will. He did leave a letter with my sister, sealed and signed by him but not witnessed, saying that half of everything he owned was to go to his son. I believe this is not sufficient but wondered what claim my nephew has on anything. He is 17 and hoping to go to University and his father worked had with him to get him this far.They were extremely close and did everything together. His father would not want him excluded. My sister wants nothing for herself.

[JRB]

This man's estate will be divided under the Rules of Intestacy if no will is found. This means that your nephew would share in the state as if he were legitimate. The division of the estate is as follows:-

If there is a surviving spouse and surviving children:

The spouse takes:
The personal effects (the deceased�s personal belongings and chattels).
�125,000 free of Inheritance Tax.
A life interest in half the remainder of the estate.
The children take:
The other half of the remainder of the estate.
The capital comprising the spouse�s life interest fund when the spouse dies.

So unless this man left a reasonable estate your nephew will not get much . It is a clear example of how much better it would have been if this man had made a will.

However it would be worthwhile consulting the nearest Probate Registry about the letter he left and whether it has any weight in law. You could find your nearest Probate office on this site
http://www.lawontheweb.co.uk/basics/probateoff ices.htm

[JanL]

Thank you so much JRB. I have been so upset by all this as my nephew is an innocent party. It's bad enough for him losing his father who he loved dearly so the last thing he needs is unpleasantness. Fortunately there are no other children and if he can just get something to fund him through University I think that is all we can hope for

[dzug]

If and only if all beneficiaries under the will/intestacy are agreed, then a deed of variation can be drawn up splitting the estate any darn way you want.

Otherwise the strict laws of intestacy apply.

[dzug]

I wouldn't worry too much about DNA tests - you are not going to have to prove parentage to a court unless other beneficiaries dispute it. The Probate Office is unlikley to dispute it off its own bat if no-one objects.

[JanL]

His name is on the birth certificate but it would never be contested because he had regular contact with my nephew. He took him to school each day, brought him home from school. Took him to Rugby internationals, all his hobbies as my sister does not drive. There are hundreds of photographs of them together. In fact, sadly, they were together when he died

[Barmaid]

Assuming your sister's partner was domiciled in England and Wales, your nephew may have a claim to reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependents) Act 1975 as a child of the deceased. Whilst your nephew will inherit under intestacy (the amount will depend on the value of the estate and the other children he might have had) I would urge your sister to take immediate legal advice. There is a strict time limit of 6 months from the date of the Grant for an IA claim.