Editor's Blog6 mins ago
Inheritance law
My father is the eldest illegitimate son of a man who died ten years ago. He was told by his mother who his father was the day of his father's funeral. Due to the fact that his father never acknoledged him and also that he did not want to cause trouble or embarassment to the widow and three children, he he never introduced himself or indeed made a claim on the will. Ten years on I feel that he has perhaps been too honourable and that in view of the fact that his father's estate was worth a few million, he should investigate his entitlement to a share of the inheritance. I am unsure as to whether the widow is still living but I do know that after the man's death land was sold for a couple of million and shared between the family members.
He feels that it is probably too late after all this time to make a claim. A simple DNA test would confirm his lineage (he is the image of his father to look at). Can anyone tell me his legal position?
He feels that it is probably too late after all this time to make a claim. A simple DNA test would confirm his lineage (he is the image of his father to look at). Can anyone tell me his legal position?
Answers
Best Answer
No best answer has yet been selected by greem. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Given that he had no contact with his father and was therefore presumably not financially dependent on him, he has no claim regardless of the length of time elapsed. (I'm assuming England and Wales here - other countries may be different.
There is one possible gotcha in this - if the will left property to the father's children generically rather than to named individuals then I believe he would have had a case. Whether he still has I don't know - but papers from an estate have to be kept for 12 years so I guess there is a possibility he could claim the estate was maladministered.
Legal advice might be a good idea.
There is one possible gotcha in this - if the will left property to the father's children generically rather than to named individuals then I believe he would have had a case. Whether he still has I don't know - but papers from an estate have to be kept for 12 years so I guess there is a possibility he could claim the estate was maladministered.
Legal advice might be a good idea.