Inheritance and Illegitimate Child

mountainofdebt

I know its not the same sort of thing but it was only when it was it was pointed out to my FIL what the implications of not making a will were (i.e. there was a relationship complication) did he seek legal advice in order to make a will.

It sounds as if the father is being blinkered - as you say through navity or stupidity - to the potential pitfalls of not making a will. Is there anyone in his extended family or his professional advisors (accountant etc) who can talk to him about the pitfalls?

Perhaps its time for the daughter to think of herself - yes she has the 'security' of having a job that presumably she can do either full or part time dependant on her health but if the businesses are in danger of having to be sold, should the father die intestate what then ?

ninky_2

it's up to an individual whether they make a will or not. inheritance is not a birthright - it is often just the default position if a will is not made. the lifestyles of the various offspring are irrelevant and have no bearing in law as to who should inherit what.

he could decide to leave it all the battersea dog's home if he so desired.

the fact he has not made a will suggests that either he doesn't care or he is happy for the estate to be fought over by all those who have a claim.

Torry_Quine

This may not be relevant here but in Scotland you cannot disinherit a child even if you don't name them in a will.

ninky_2

Torry_Quine wrote: »

This may not be relevant here but in Scotland you cannot disinherit a child even if you don't name them in a will.

sometimes you wonder if it is indeed a 'united' kingdom!

http://www.seniorissues.co.uk/guides/Guide_To_Differences_in_Wills_Between_Scotland_And_England_SI_.pdf

Baggysdad

If he doesn't make a Will:

The the first £250,000 plus personal possessions goes to his wife.
Half of the rest is shared equally amongst his two children. So on a £1million estate that means that there might be a tax liability - depends on the value of the businesses and what the businesses do.
The wife gets the income or interest on the other half during her lifetime, and when she dies, the capital goes to the his children equally. And there could be a tax liability on this as well when wife dies.

Anything that is in joint names is excluded from the above and passes to the surviving joint owner. But could run into tax issues when the surviving owner dies.

If he makes a Will:

He can exclude his son, or leave him a smaller amount. However his son has a good claim on the estate. While son is under 18 and while his dad is paying him money, the claim is very strong, but it won't go away even if both factors were no longer applicable.

There are solutions, some of which will also make the tax liability all but go away. Needs to get himself in front of a GOOD specialist Wills & Trusts lawyer. Try Society of Trust and Estate Practitioners (STEP) as a starting point.

heretolearn_2

Silly man needs to make a will. If he doesn't, his family (all of them) are going to face a lot of trouble, upset and hurt after his death. Doesn't he care about any of them?

If he doesn't, then the law will apply as someone above stated.

If he does, he can leave his son what he wants, and if worried about the boy's mother's influence, can leave it in a trust until the boy is older and wiser!

As to the boys behaviour, try to understand his point of view a little. It sounds like money is the only thing his father has ever given him. If I had a father who didn't love me, or act like a father to me, I'd also have been just out to get what I could financially when I was a kid too. It's hurt that makes the boy act that way. Every kid wants parents.

This man is reaping what he's sown. If he cares about any of them, he'll ensure the trouble doesn't continue after his death.

swingmeister

Your man needs to make a will. And not only that. Make sure the will is updated. And not only that. Make sure the will is enforceable, with appointed administrator to the estate and properly witnessed by the required number of witness. and leave nothing, absolutely nothing to chance. Write everything down clearly. Pay for a good lawyer.


I am in the opposite situation as you. I am illegitimate, my mum was the mistress. My dad wanted to leave his first wife and children. But never did. First wife was useless and so are his kids from that woman. My dad was poor when he met my mum. My mum and dad were entrepreneurs and built up a fortune. His first wife and children were totally useless and only lived the good life. They should be in jail for corporate fraud. My dad wrote a will wanting equal share for all his children. He has always maintained this and everyone knows this. He was fair and righteous which was why he never left his first useless wife and children coz he somehow felt responsible. Even they agreed and acknowledge this. My dad has openly said he owes all his success to my mum.

however he died prematurely and the will was not updated. Will was then deemed not enforceable because the correct procedures were not followed. no witness no adminstrator bla bla bla. This result in intestate law. As such they now have a lion share and will try to seize everything and are currently consumed by greed. I don't need the money and never expected it. I believe I can make more myself. However I feel it is a shame as everything my dad built will now be destroyed. They are disposing all the assets selling everything. They will just squander everything like they always had.

Don't just make a will. make an iron clad will... ok?? trust me, I now know more than some solicitors on this matter... leave nothing to chance.. The idiot solicitor who handled my father's will should be 'shot' (in a literal sense) the best thing to do is ask if anything can go wrong... not if everything has been covered. Sod's law, whatever can go wrong probably will...

remember money is thicker than blood. I learnt it the hardway. In the UK we have such liberal laws here... any gold digger can have a piece.. UK is gold digger haven.. just ask Sir Paul

My dad would be rolling in his grave now... he probably is

wifeforlife

This 16 year old boy should be equally entitled. This man may be successful in business and life, however he had an affair, he fathered a son and quite rightfully paid for him.

This 16 year old boy has a not so great home life by the sounds of it, he's probably looking at his half sister thinking how did she get to live with our dad, how come she got a lovely home, how did she get a private education? And the request for money or new things is deeper than an obsession for money or material goods. By excluding him further, you would be punishing him for his fathers affair which is completely wrong!

Mojisola

miss_independent wrote: »

With regards to the son he is 16 and hasn't exactly had the best example from his mother as she was only interested in money herself. He is always getting the latest trainers, laptops, consoles etc and breaking them/losing them within months and asking for new ones on top of the money he gets weekly and makes a nuisance of himself calling his dad's mobile constantly over christmas and on special occassions such as mother's day and on the daughter's birthday asking for more money or "can we meet up today Dad?" but if there isn't money involved, he doesn't want to know. He is in trouble at school quite a bit and wants to do an NVQ/Apprenticeship in building so he will probably go to college on day release or something.

If the son was left nothing in a will, he would be able to contest it because he has been financially supported by his father. He would certainly be entitled to continued support until he reaches 18.

This needs a good, watertight will leaving the son a reasonable amount so that there is no case for a challenge.

Mojisola

swingmeister wrote: »

however he died prematurely and the will was not updated. Will was then deemed not enforceable because the correct procedures were not followed. no witness no adminstrator bla bla bla. This result in intestate law. As such they now have a lion share and will try to seize everything and are currently consumed by greed. I don't need the money and never expected it. I believe I can make more myself. However I feel it is a shame as everything my dad built will now be destroyed. They are disposing all the assets selling everything. They will just squander everything like they always had.

As a child of the blood, you will get exactly the same as his other children under the intestate law.