Contested Will Query

[Christina123]

I have been estranged from my father since I was a young child (over 30 years now). His choice not mine. My parents were never married and he has since gone on to marry and have 2 children.

He is listed on my birth certificate as my father and paid child maintenance (not voluntary, it had to go through the relevant authorities). Due to incidents that happened years ago I know I wouldn't be included on his will and I've always wondered whether I would be able to contest the will and be entitled to anything? I imagine properties and the businesses would be in both his and his wife's name, even in their children's names too.

I'd appreciate any guidance on this matter. Thanks.

[atticus]

The Inheritance (Provision for Family and Dependants) Act 1975 provides that a claim may be made by a child of the deceased. The claim would be for "reasonable financial provision", which is defined in section 1(2)(b) as:

.

such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.

I will leave you to consider the circumstances of the case.

Is your father still alive? If not, bear in mind that claims must be commenced at court within 6 months of the date of Grant of Probate or Letters of Administration.

[dslippy]

You can put down a marker to be notified when your father dies, and a grant is applied for.

[JJW]

Atticus

Isn’t that claim you’ve listed only for dependant children?

[atticus]

no. See section 1(1)(c). https://www.legislation.gov.uk/ukpga/1975/63