Right of Inheritance Or Not?

therewillbe

Ok, Man has a relationship with Woman 41 years ago.A Child is born.He knows of the Childs existance but has nothing to do with either Mother or Child. He proceeds to marry and have more Children.He dies .Question is,Is the First Child entitled to anything from his estate?

Thanks in advance.

johnfás

therewillbe wrote: »

Ok, Man has affair with Woman 41 years ago.He knows of the Childs existance but has nothing to do with either Mother or Child. He proceeds to marry and have more Children.He dies .Question is,Is the First Child entitled to anything from his estate?

Thanks in advance.

The answer is it depends.

It is possible that man has consented to the child being adopted and thus has no legal relationship with the child anymore. In that case the child will not inherit if the man dies without a will and will only inherit if the man leaves a legacy in his will.

It is possible the man has a will. If he has a will it depends on whether the child is aged 18 and has been provided for in some way. A testator ordinarily has the right to choose to distribute their estate how they wish. However, s. 117 of the Succession Act provides that where the court is of the opinion that a parent has failed in his duty to provide for a child the court may vary the will. That is why it would be important what age the child is.

If the man died without a will, and the child had not been adopted, then yes the child is entitled to the same share as all the other children from the estate. This is by virtue of the Status of Children Act, 1987. If the man died in the same circumstances prior to 1987 the child could not inherit.

therewillbe

Child was kept by Birth Mother.No contact "EVER" .Child is Now 41years.

johnfás

therewillbe wrote: »

Child was kept by Birth Mother.No contact "EVER" .Child is Now 41years.

Can't give legal advice.

I suggest you examine ss 66 - 75 of the Succession Act 1965 in conjunction with s 3 and s 29 of the Status of Children Act 1987.

Succession Act: http://www.irishstatutebook.ie/1965/en/act/pub/0027/index.html

Status of Children Act: http://www.irishstatutebook.ie/1987/en/act/pub/0026/index.html

A person who knows that they have a child, irrespective of their relationship with that child or its mother, and does not wish that child to inherit from their estate, would be best advised to draw up a will which does not provide provision for that child. In such circumstances the rules of intestacy do not arise, though Section 117 of the Succession Act does.

dats_right

No child, whether they are marital or non-marital, are automatically entitled to anything from the estate of a parent, where that parent dies testate. However, section 117 of the Succession Act provides that a child may bring a claim against the estate where that parent has failed in their moral duty to make proper provision for that child.

If the parent made absolutely no provision for his child for 41 years, then the chances are that there is a strong likelihood of that child succeeding with his/her claim for provision to be made from the estate. That said, all such claims are decided on their own particular facts and full legal advice from a solicitor and possibly counsel should be sought.

If the parent died intestate, the non-marital child would be entitled to the same share as marital children.

johnfás

dats_right wrote: »

No child, whether they are marital or non-marital, are automatically entitled to anything from the estate of a parent, where that parent dies testate. However, section 117 of the Succession Act provides that a child may bring a claim against the estate where that parent has failed in their moral duty to make proper provision for that child.

If the parent made absolutely no provision for his child for 41 years, then the chances are that there is a strong likelihood of that child succeeding with his/her claim for provision to be made from the estate. That said, all such claims are decided on their own particular facts and full legal advice from a solicitor and possibly counsel should be sought.

If the parent died intestate, the non-marital child would be entitled to the same share as marital children.

Unless the parent consented to the adoption of said child, in which case all legal rights of that child on the estate of the parent are extinguished. As of course are any rights of the parent on the child.

therewillbe

OK,So I will pass on this info.I did say it could get messy.Party involved are going to get legal advice . Are there specific solicitors that specialise in this kind of thing ? Where would you look for one? Thanks

johnfás

therewillbe wrote: »

OK,So I will pass on this info.I did say it could get messy.Party involved are going to get legal advice . Are there specific solicitors that specialise in this kind of thing ? Where would you look for one? Thanks

Practitioners with experience in Family Law often also have experience in these matters. However, most practices should be knowledgeable enough on the subject to deal with this. It is messy, but it isn't particularly legally complex. There are lots of solicitors out there.

Here is some advice. Shop around. Solicitors are in need of work at the moment. Demand your first consultation free, require that you get a statement of what the fees are likely to be and ensure that the solicitor keeps to it.

If you want further general advice consider attending your local Free Legal Advice Centre.

therewillbe

Thanks a lot everyone.