Death without a will

[was]

I wonder if someone could please help me. I am trying to find out what happens if someone dies without a will and a child is trying to make a claim against the estate. The thing is, the father who died is not named on that child's birth certificate, are they still able to make a claim and would they have to do anything to prove their claim.

Thank you

[Angry Cat]

Re: Death without a will

http://www.adviceguide.org.uk/index/..._intestacy.htm

[was]

Re: Death without a will

Thank you, I have previously read that information and unfortunately, like everything else, it does not help me, as it does not mention anything regarding proof of parentage.

[Sapphire]

Re: Death without a will

I think to make a claim against the will, the child would have to prove that the deceased was indeed their father. So did the deceased acknowledge the relationship ie in writing, or was a DNA test taken ?

[was]

Re: Death without a will

I do not think he acknowledged it in writing at all, I assumed that a dna test would be required.
The reason I'm asking all this is it appears that the solicitor involved has not made any attempt to ensure that this child was his (not even asked to see the birth certificate). A dna request has been made by the mother of this child against the other child (who has him named as father on the birth certificate), but has not accepted that her child should have one too. In fact, she suggested that half of the money should be paid immediately to her child and that the rest should be held by the solicitor until the other child had had a dna test!
I find it all very suspect and can't understand why the solicitor has not picked up on this and requested some proof.
I actually can't understand how a solicitor can be dealing with it in this way, relying on someones word that they are a relative, this means I could wander into a solicitors and say I am the relative of someone and demand half their estate without any need to prove who I am!

[Sapphire]

Re: Death without a will

Yes I agree it does seem strange that the Solicitor is not made any inroads to prove the parentage of the child, although it could be argued that it's the childs responsibilty to provide proof.
Personally I would contact a family law solicitor and ask them, but no doubt someone else will pop along with more ideas.

[Angry Cat]

Re: Death without a will

I would suggest that you contact the CAB and;
http://www.legalservices.gov.uk/civil.asp

Sounds like you need specialist advice.

[The Debt Star]

Re: Death without a will

If the child is a minor - which I assume is the case - the court may take a dim view of any claim for costs out of the estate if it transpitres the child is the natural issue of the deceased. You could end up with adverse costs. be careful.

[was]

Re: Death without a will

CAB where no help at all when I phoned them. I know what your saying about being careful, it's just that something isn't right in this case. The mother of the child without the father's name on the birth certificate has pushed from the beginning to be given the money without any questions and I can't understand how she can demand that only the other child take a DNA test. Something smells very fishy and the solicitor is just taking things as read, without any real confirmation of parentage.

[The Debt Star]

Re: Death without a will

The Administrators can take the risk and distribute to the child. They would be unwise to do so and if they are wise they should get evidence of the child's paternity. However they are not obliged to and can distribute on the basis that they believe the beneficiary is entitled.

If you or anyone else contests this, then you will, at your expense, bring proceedings and get an order of the court requiring a paternity test.

If the test establishes that the child is not the issue of the deceased then the Adminitsrators have problems. They will be liable to the true beneficiaries if there has been a distribution and would have to attempt to recover what they could from the child's parent or guardian.

If, however, the test concludes that the child is that of the deceased, then I believe the court will not make an order for costs out of the estate and you will be faced with a large legal bill and the costs of the paternity test.

[was]

Re: Death without a will

Thank you very much for that information, it is pretty much as I thought. My wife is the administrator of an estate and she and I have been very concerned over some of the actions of the solicitor involved.
Just one further question, if this child is forced to have a dna test, would the other child (who has the father's name on the BC) be forced to have one too?

[Sapphire]

Re: Death without a will

As the fathers name is on the birth certificate I very much doubt it, unless of course there was reason to doubt that he was the childs father. I suppose it could be suggested that both children take a DNA test, but I reckon the person who suggests it should learn how to duck first.

[was]

Re: Death without a will

It won't be me who's ducking lol, but thank you all for the advice

[Angry Cat]

Re: Death without a will

Which child had a long term family relationship with the deceased?

[The Debt Star]

Re: Death without a will

If you do decide to insist on a pat test, pls try and keep costs down as much as possible - there are minor beneficiaries involved and costs affect both of them.