Time limit on inheritance claim

renga

Hypothetical situation (of course). A widower dies intestate and the three children from his marriage inherit his estate. Is there a time limit on when someone claiming to be his child (from outside the marriage) can subsequently make a claim on the estate? Thanks for any assistance with this.

Ken.

This is all I can find but you should consult a solicitor to be absolutely sure.

http://www.matheson.com/news-and-insights/article/will-challenges-spouse-children-claims

Succession Act rights

Children - Section 117 of the Succession Act 1965

Unlike the position of a spouse who has a fixed legal entitlement to a provision from their deceased’s spouses estate, children of a deceased do not have an automatic entitlement. They do however, under the terms of the section 117 of the Succession Act 1965, have a right to apply for provision from the estate and the court may order that such provision shall be made if the court is satisfied that the deceased has failed in his / her moral duty to make proper provision for the child in accordance with his means, whether by his Will or otherwise. One significant point to note is that generally the courts have taken the view that the costs of the plaintiff, in taking such an action, should be discharged from the estate, unless the claim is deemed to be frivolous or vexatious.

Significantly, there is a strict statutory time period in which these claims must be brought which is six months from the issuing of the grant of probate in the deceased’s estate. If the claim is not taken within that timeframe it is statute barred and can no longer be brought before the courts. -