Info re contesting a will

Elevenses

Hi there,
Can someone please tell me what rights an illegitimate child has on a will of someone who has passed away.
This child was denied by the father for their whole 28 years and the father recently died. The childs mother brought the father to court all those years ago and can provide any proof needed including DNA etc. He ignored all court orders and went on in later life to have his own family, all the while not wanting to know his first child.
Does the child have any rights to any assets etc alongside the rest of his children, and if so, where does the child go to start proceedings.

Many thanks!

coylemj

Elevenses wrote: »

Does the child have any rights to any assets etc alongside the rest of his children, and if so, where does the child go to start proceedings.

They start by engaging the services of a solicitor.

Predalien

What they may be entitled to will depend on whether a court finds the parent failed in their moral duty to provide for the child

have a look at section 117 of the succession act 1965
http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0117.html

You'll need a good solicitor, things like this will be strongly contested, best of luck.

Elevenses

Predalien wrote: »

What they may be entitled to will depend on whether a court finds the parent failed in their moral duty to provide for the child

You'll need a good solicitor, things like this will be strongly contested, best of luck.

Well he never provided, ever. In 28 years! Would that be a likely candidate for failing in their moral duty?

Predalien

If no provision was made for the child during the lifetime of the deceased parent that would certainly be taken into account, but I stress it is important you seek the advice of a solicitor who will be able to explain the various things that will be looked at by the court.

There are strict enough time limits on such claims, the Family Law (Divorce) Act 1996 provides that an application must be made within 6 months of the date of issue of the Grant of Representation (the appointment by the probate office of the courts obliging and entitling the person appointed to gather in the assets/liabilities of the deceased and distribute them as required) to the Deceased's Estate, so arrange to see a solicitor ASAP, you'll feel better informed after an initial consultation.

Elevenses

Oh for sure they will be getting advice from a solicitor!

Also, how does the solicitor go about finding out whether the deceased even had a will?

TOOYOUNGTODIE

PM sent

Elevenses

Thanks. If someone could please answer my previous question I have, that'd be great

CIARAN_BOYLE

Elevenses wrote: »

Oh for sure they will be getting advice from a solicitor!

Also, how does the solicitor go about finding out whether the deceased even had a will?

Well I think they would wait for the estate to put an application in for probate of the will.

If that isn't done then they would challenge the division of assets based on the normal rule for division of assets without a will.

coylemj

Elevenses wrote: »

Oh for sure they will be getting advice from a solicitor!

Also, how does the solicitor go about finding out whether the deceased even had a will?

Don't you think that the solicitor will know the answer to that question?

Elevenses

coylemj wrote: »

Don't you think that the solicitor will know the answer to that question?

Yeah I'm pretty sure he/she will. It was a question I would like to know for myself. There's no need to get snotty about it...

valleyoftheunos

Elevenses wrote: »

Oh for sure they will be getting advice from a solicitor!

Also, how does the solicitor go about finding out whether the deceased even had a will?

Will's are public documents that are published once a grant of probate has been made.