Who would be entitled to the house? Scenario...

justtryingtogetby

Apologies is this is in the wrong place..

Here is the scenario...

Bob had a child with a former partner (never married) when he was younger. They split up. He has no contact with the child. The child, now adult, doesn't want to know him.

Bob gets married for the first time, buys a house with his new partner, have children, happy families.

Fastforward time...

Bob has now passed away, and in his will left everything to his wife and the two children they have together...but nothing to his other child he has no contact with.

What I would like to know is....

Would this other child be able to contest the will and claim part of the inheritance?

Is there away to make sure this doesn't happen?

I've heard you can put a property in trust but don't really understand?

Thank you in advance and please direct me where this belongs if not here.

martinbuckley

justtryingtogetby wrote: »

He has no contact with the child. The child, now adult, doesn't want to know him.

How would the child know that Bob had died?

Wh05apk

martinbuckley wrote: »

How would the child know that Bob had died?

Not really relevant!

I would asume provided he has a valid will, and either names the children he wants to inherit his estate, or specifically excludes the earlier child, then all should be fine. I think a will can only be challenged if there are grounds, as he has had no contact, then presumably hard (but not impossible to challenge)

Must admit though, the situation seems sad and almost cruel to the earlier child? the circumstances were no fault of theirs? perhaps they shuld be named, and get a small inheitance?

justtryingtogetby

Wh05apk wrote: »

Must admit though, the situation seems sad and almost cruel to the earlier child? the circumstances were no fault of theirs? perhaps they shuld be named, and get a small inheitance?

I wish not to bring in personal feelings to it, but, whilst I admit the situation is sad there are other circumstances surrounding it. His mother has tried to extract huge somes from Bob for child maintenance which he is willing to pay, and he has always tried to form a relationship with the son, however the mother won't allow it and turned him against the dad. The son was recently arrested for drug possession/dealing, and refused any help from Bob.

Bob's current wife doesn't want to be in a postion where because they are married she would have to give some of money to this child that is not hers. She is the main income earner.

McKneff

Bob can leave his money wherever he likes.

The first child has no claim on the estate as he has never been dependant on Bob for anything.

So contesting a will would be fruitless.

antrobus

McKneff wrote: »

Bob can leave his money wherever he likes.

Agreed.

McKneff wrote: »

The first child has no claim on the estate as he has never been dependant on Bob for anything.

But....

justtryingtogetby wrote: »

... His mother has tried to extract huge somes from Bob for child maintenance which he is willing to pay,..

...and that might qualify as being dependant

dzug1

But surely the mother of said child HAS been dependent on Bob through child maintenance? So it can't be said he has never been dependent

Though given he is now an adult that's in the past and should no longer be relevant.

But yes, said child can 'challenge' the will. Chances of successfully doing so - slim but not non-existent.

antrobus

I'm guessing here that Bob's death is hypothetical. So I'd suggest to Bob that if he intends leaving "everything to his wife and the two children they have together" that he double checks will and makes sure that he has actually named those children, and not used some vague legalese such as 'my issue'.

It's possible that the 'estranged son; could 'contest the will' or as a lawyer might put it; make an application for financial provision from a deceased’s estate as per the Inheritance (Provision for Family and Dependants) Act 1975. The success of any application would depend on the extent to which the estranged son could be treated as being maintained by Bob. The ex-partner might be able to claim as well if she was being maintained by Bob.

The answer might well have once depended on how successful the ex-partner had been in extracting those 'huge sums' from Bob for child maintenance. Though presumably since they have now ceased, neither ex-partner nor son would have any basis for a claim any more.

getmore4less

Where do they live?

Some juristrictions you cannot disinherit your children completely.

eg: Scotland has succesion law that may cause issues to the desired result allthough the house probably does not get included other asserts may be affected.

McKneff

antrobus wrote: »

Agreed.



But....



...and that might qualify as being dependant

But when maintenance was due, it was due to the mother, not the child.

Maybe the mother could make a claim for the arrears if she was through the CSA , but certainly not the child.

hcb42

justtryingtogetby wrote: »

Bob's current wife doesn't want to be in a postion where because they are married she would have to give some of money to this child that is not hers. She is the main income earner.

This is really quite sad. I hope it gets resolved before Bob's actual death.