Will - excluding a child

Zoetoes

POPPYOSCAR wrote: »

Yes it is sad but I do understand this sentiment.

Don't get me wrong, family is very important to me but all the same I do not believe that blood is thicker than water.

If family do not want to know you or have anything to do with you I do not see why you should 'reward' them with your money.

I agree with this. I was thinking more along the lines of when a child hasn't seen one of their parents because the other parent wouldn't 'allow' it, and then the child wasn't acknowledged in the will.

DUTR

Zoetoes wrote: »

I agree with this. I was thinking more along the lines of when a child hasn't seen one of their parents because the other parent wouldn't 'allow' it, and then the child wasn't acknowledged in the will.

You miss a point though, whilst they are dependant they cannot be un acknowledged, once they are beyond dependancy , they can use there own efforts to seek and learn about their parents , otherwise how would they get to learn of the non resident's passing?

Marisco

DUTR wrote: »

otherwise how would they get to learn of the non resident's passing?

I was wondering about this. What would happen if the NRP died and the will was read and dished out, then the PWC found out he'd died (maybe lives 100's of miles away) and tried to put in a claim, what would be the position then? Would a court make the beneficiary hand some money over? That would be a catfight and a half!!!:D

princessdreamer

Marisco wrote: »

I was wondering about this. What would happen if the NRP died and the will was read and dished out, then the PWC found out he'd died (maybe lives 100's of miles away) and tried to put in a claim, what would be the position then? Would a court make the beneficiary hand some money over? That would be a catfight and a half!!!:D

If the child was still a child and CSA was being paid surely the RP would be informed.
As for me though a catfight to get the money back of the mistress/new wife whatever she calls herself now would be enourmus fun. Just wondering if I can (sorry the children) can take her house, car, savings as they would be half owned by ex and needed to support his children. :rotfl::rotfl::rotfl:

pauletruth

im one of at least a dozen half brothers and sisters. our father was a randy little beggar. i only found them last year. he also died last year. i have to say that it was his and to a lesser degree the womens fault non of us children asked for our family. luckly he was broke when he died so no problem there.
however i have 6 living children i could never treatone diffrently from the others. its just wrong.
of course its up to his second wifes how she leave her money. but if she was to leave it to the husband then he shoujld treat all his children the same. she can avoid this by not leaving it to the husband but i guess he would be a little upset about that.

plummie2003

Surely the CSA would have no bearing on this whatsoever, technically when the dad has no income or is on benefits, earns under x amount, or is a student, the child's mother can expect to receive absolutely zilch child support whatsoever regardless of what assets they have so surely when dad passes for example and assets are in theory liquidated, the income would drop to £0 and the mother should not receive child support for that child.
If this is different then it sounds bloody ridiculous.
From personal experiences, i have a little girl just over 1, who's biological father is a complete (insert offensive term) and if i had my way i would keep him away from her entirely, whilst trying to encourage this i received not 1p child support from him and having since decided to accept that he won't go away and said he can see her every other week i thought well i might as well claim what I am entitled to. If however he did decide to disappear and have nothing to do with her, it would bring me great joy and i would not expect a penny from him. and if he died i certainly wouldn't expect anything in his will for Daughter. She has an amazing dad in my partner who has been there from birth and as far as i am concerned biology shouldn't come into it.
From what it sounds like is that the child has never really been the mans 'child' per say, and more of an inconvenience but he pays child support to keep the mother off his back. I can completely understand this, and anyone who sits and says he is awful and should never treat his children differently. quite frankly they are naive and closed minded. have a look around at how each family in your street varies from one to the next and have a think about how many people are in similar situations.
If i was you obviously i would seek legal advice but i dont think the CSA rules should change just because 'father; is deceased, if he has no income, he has no income! I would probably leave a nominal amount just to makeit clear they werent forgotten about. but why should he pay money to someone he has no relationship with. I wouldn't.

Catti

Marisco wrote: »

I was wondering about this. What would happen if the NRP died and the will was read and dished out, then the PWC found out he'd died (maybe lives 100's of miles away) and tried to put in a claim, what would be the position then? Would a court make the beneficiary hand some money over? That would be a catfight and a half!!!:D

A claim under the Inheritance Act must normally be brought within 6 months of Probate being granted. I think someone would notice if maintenance stopped for that duration and questions asked!

londonsurrey

Too many posts to read through! If the larger portion of the estate belongs to the wife, and she wants that to go to her natural child, then there is the option of writing HER will so that husband gets to live in the house in the event of her death, but her child gets her portion of the estate.

Husband has a non-identical will, leaving biological child nothing or a share of HIS portion of the estate.

So the assets that the wife brings into the marriage are not lumped with husband's estate, and his child with no claim on it.

euronorris

DUTR wrote: »

You miss a point though, whilst they are dependant they cannot be un acknowledged, once they are beyond dependancy , they can use there own efforts to seek and learn about their parents , otherwise how would they get to learn of the non resident's passing?

Going on from the experience of one friend here, it isn't always as easy as it seems for the child in question to just reach 18 and start searching.

After years of hearing your mother (in this case) bad mouthed by your father and step mother, and being told that any attempt at contact would see you disowned from the rest of the family, attempting contact with your biological mother is an exceptionally scary prospect. What if she's just like they say? What if they disown me and never forgive me? What if I lose my current family, only to find that this woman is really horrid? etc etc.

Eventually, she did find the courage to find her biological mother, but it didn't happen until she was 25 and took an awful lot of courage.

fannyanna

I also haven't read all of the posts (as there are far too many) but this has made me think about my circumstances.

My husband has two children (one that we see regularly and one that we don't). My Husband and I don't have any children yet but we plan on having two children.

Similar to the OP I bring more money into the relationship than my Husband. Although I very much see the money as ours I must confess that when thinking about dividing up our will I see it as my money. My Husband and I have talked about this and we have come up with an agreement that we are both happy with and one in which we as a couple think is fair. I stress "we" as ultimately it's our money and we will choose to do with it what we want.

The following is obviously based on the future when there are hopefully my Husbands two children and then our own two biological children but we're thinking about this:

• Larger % of combined assets (likely "mine") to be split equally in two - for our two biological children.
• The remianing smaller % of the assets to be split equally in four - for all of my Husband's biological children (although he is considering whether to make a smaller gift for the child that he does not see).

I wonder if that is something the OP might want to consider. Although ultimately it's up to them what they do with their money and I for one do not think they are acting unreasonably to consider not gifting money to a child that they have no relationship with.

But each to their own.

EDIT: Should have added that we also pay maintenance for my Husband's two children. I'm hoping that we can somehow divide our assets so that if he was to die (and I really hope that day does not come soon as I love him to bits) and his two biological children would need to be trusted an amount for maintenance my money would be protected from that.