ChatterBank0 min ago
Inheritance legal issues
2 Answers
Right - a complicated one.
My family recently found out that there's a chance that my grandfather (my dad's father) might not have been his biological father. He's the middle child of 5.
My grandfather died 20 years ago, and his wife (my gran) is still alive but she suffers from senile dementia. His estate, which is fairly extensive, is held in trust while my gran is alive, and on her passing it will be executed (along with her will) as normal.
Before we try and ascertain more by going down the DNA route (whether or not my dad shares both parents with his siblings), we need to find out if my dad could potentially be eliminated from the will by virtue of not being the biological son of the my grandfather.
He is fully named in the will as well as 'my son' ie. 'My son, xxxxx xxxxx xxxxxxx....'
My question is: are there any legal grounds for him being excluded from the will (his father's, not, I presume, his mother's) if it is proved that his grandfather was not his biological father?
We will take this to a lawyer as well of course, I just thought there might be some knowledgeable people here.
Many thanks.
Wily
My family recently found out that there's a chance that my grandfather (my dad's father) might not have been his biological father. He's the middle child of 5.
My grandfather died 20 years ago, and his wife (my gran) is still alive but she suffers from senile dementia. His estate, which is fairly extensive, is held in trust while my gran is alive, and on her passing it will be executed (along with her will) as normal.
Before we try and ascertain more by going down the DNA route (whether or not my dad shares both parents with his siblings), we need to find out if my dad could potentially be eliminated from the will by virtue of not being the biological son of the my grandfather.
He is fully named in the will as well as 'my son' ie. 'My son, xxxxx xxxxx xxxxxxx....'
My question is: are there any legal grounds for him being excluded from the will (his father's, not, I presume, his mother's) if it is proved that his grandfather was not his biological father?
We will take this to a lawyer as well of course, I just thought there might be some knowledgeable people here.
Many thanks.
Wily
Answers
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I would have thought that as long as he is named (as you say) he can't be eliminated from the will. For instance, I could choose to leave my estate to Kylie Minogue or Battersea Dogs Home if I wished, as long as it is in black and white. I should point out this is only my opinion, no legal basis whatsoever.
i would concur with sdds. In my case i have left a will giving as one of the benefactors "my son, [darth vader junior]" even though little vader is my stepson. the fact that he is named in the will is good enough from a legal standpoint. HSBC (well, their solicitors who drafted and checked the will) were aware of this and the will was ok'd. If the will had simply said "i leave my estate to my son" then there may have been grounds for a case but by being named there are no grounds for conflict. again IMHO, but i imagine the lawyer will say the same. Please let us know what your lawyer DID say!
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