Eligibility to claim estate - no proof???

unforeseen

Brynsam wrote: »

The Adoption Act 2006 was not retrospective - see link in my previous post (wet towel round head territory!).

In which case do it a slightly different way. Order the birth certificate for that person. If adopted this will be marked on the certificate with an A or similar. However you will not be able to tie it to an entry in the Adopted Childrens Register but there is no need as you have proved adoption.

That is a requirement that I have so far traced back in legislation to the Adoption Act 1976. There is also proof on the genealogy forums that this was happening back as far as the 50s even in situations where one of the original parents is one of the adopters

buildersdaughter

OP - It would seem that at the beginning, the commonsense approach is to ask this 'mystery woman' what evidence she does have. Your mother can then either decide that satisfies her, or contact a solicitor. But a solicitor will cost less if she has the paperwork etc, to hand.

I think it reasonable to write formal letter (sent 'Signed For') to say that if evidence is not produced by.....date, then your mum regards the matter as closed. There is guidance on how long you should reasonably give (I know it through the Probate Office, and presume something similar applies, so you can ask the office that deals with Grants of Administration)

As for 'evidence' than I think that is either up to your mum, or she needs to take legal advice. I am aware (when for instance it comes to other claims around parentage) that the courts accept evidence that the father has acknowledged the child as his own, to family& friends, some institutions etc. But I suspect that the woman has no such evidence or she would have produced it.
Good luck to you and your mum.

Ammy - I hope this works out for you, and it does help that solicitor knows he acknowledges you as his child.

Ammy

Thanks for the advice everyone.Sorry for the delayed response, I didn't get a chance to logon earlier.

@Flugelhorn - I think you're right about the will. I will try speaking to my dad again just so that the matter can be put to bed.

@Mojisola - you make a good point - I hadn't considered that I could/should keep something for DNA sampling. As others mentioned, at least my dad has claimed me, for instance he gave me away at my wedding and signed the marriage certificate as my father. Plus his friends and other associates know about me and his grandson so I guess all of this contributes to making a strong case (if challenged).

@buildersdaughter - thank you - so far the solicitor has been very helpful and professional.

@OP - I hope everything works out and doesn't take too long to resolve. I guess a big part of the problem is 'not knowing' especially at a time that must be very emotionally charged.