Can a secret child contest a will with any success?

[Falcor1986]

So now in my mid 30's I have discovered that my Dad was not my biological father,
and that a close family friend is in fact my biological father.
Our families were very close for many many years but we don't have any contact any more.

My biological father spent a good deal of time with me as a child, 1 on 1 (it seems really obvious now that i know)
he has two other children with his wife. I would imagine he has a will leaving everything to the wife, and the other two children.
Nobody else other than my Mum and him know that he is my biological father.

My question is, am i entitled to any of his estate when he dies? I suppose not as i'm "illegitimate" and not in the will, but would it be worth contesting it?

[efpom]

I think the position in English law is that it only recognises a legal parent.

Your mother was required by law, to register your birth.

As you mother was married at the time of your birth, her spouse is deemed to be your legal father and I assume, therefore, that he is named as your father on your birth certificate.

If that is right, I do not see how you could succeed in a claim against a deceased purported biological father, where your mother is the only witness to that.

For completeness, I add that your legal father could have a claim in deceit against your mother, for the money he spent in raising you.

[Peridot]

Hi Falcor1986,
under english/welsh law you could have a potential claim under the Inheritance Act as a child of your father provided that can be proved. However to be successful in any claim you would need to show that as an independent adult you will ere being supported financially by him at the time of his death. This may not be possible for you to show if you have had no knowledge and there has been no financial support.
As far as your mother being sued for deceit, I can’t say I have ever heard of this and would be doubtful, if any such claim were possible which I doubt, he would be successful.

[2222]

There is a now famous case under the Inheritance Act called Ilott v Mitson. Under it, an estranged daughter, who fairly desperately needed financial help, was cut out of her mum's will. She had not received maintenance help from her mum during her lifetime. The court did make an award to her, and it has provided hope to many people who have found themselves cut out. To succeed, you would need to prove paternity. A DNA test would be ideal.

You would also need to show that it is reasonable in all the circumstances that an award is made to you. Vague, isn't it?

I suggest you read up about the case. There are many commentaries on it. Here is one chosen at random.

https://www.burges-salmon.com/news-a...nce-act-claim/

one point worth noting is that your financial needs would be taken into account, but so would the needs of your genetic father's other children and his widow.

It's going to come as quite a surprise to them! So, do consider whether it's worth all the upset and costs to make a claim.

There is an emotional side to all this, and perhaps you need to talk it all through with your genetic father?

[Peridot]

Hi again,
the Ilot case is particular to its facts. The daughter was not a ‘secret’ child she had in effect been disowned having been brought up by her mother. I think the OP’s situation is quite different here. As you say however DNA testing would be needed to prove parentage before even considering whether there are grounds for any potential Inheritance Act claim.
The OP would need some face to face advise on this if it is something they were considering.

[Falcor1986]

Thanks all for your replies, it has given me something to think about, much appreciated.