My FRIEND DIED AND LEAVING A VALID WILL TO ME I AM THE SOLE BENEFICIARY, BUT I BEEN ADVISED THAT HIS 2 SONS WHO ARE LEGALLY ADOPTED TO STEPFATHER SAID THAT THEY WILL CONTEST THE WILL. MY QUESTION IS THAT ARE HAVE THEY GOT RIGHTS TO CLAIM THE ESTATE?
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If they have been adopted out of the relationship with your friend, that is, he was the legal father until the adoption order, then the adoption cuts the ties and they cannot make a claim under the Family protection Act. Adoption cuts the legal ties to the biological parents. So they can claim but they wont succeed.
LLB MMgt FAMINZ 32 years qualified as lawyer
If they cannot claim under family category what would be their entitlement to claim? They have no communication from biological father and have not seen them for a long time more than 10 years. I knew they are using their stepfather (whose adopted them). They are not using their biological dad lastname. is their any claim they can make.
The only claim would be that he promised to leave them something. If there was no contact then it would be difficult to see how he could have. This is a claim under the Testamentary Promises (Law Reform) Act.
Chris, is it normal for a lawyer to advised that I have to wait at least 12 months when probate expire before he can transfer the residual estate,and vehicle to my name. The reason is he wanted to wait if there are anyone would claim the estate of my friend. Someone had rang my lawyer said that the sons who I have mentioned been legally adopted to stepdad is exploring the possobility to claim. What am I suppose to do Chris? I have to used my own money to pay the legal fee because his money even short a few thousands to pay for funeral and legal fees. I dont want to sell anything all I want is the vehicle to be transfer to my name and the estate. What am I suppose to do with my lawyer? Do I have to wait 12 months? What happen if the son will claim. What happen to my own money.?
You should ask for the expenses to be paid from the estate in the meantime. The funeral bill for example is always paid from the estate, so if you paid for this you should be refunded sooner. You have not said what is in the estate-is it money and the car or is there other property?
The estate are the vehicle, furniture, tools, appliances, halfshare of the house because the house is we both own it and its inour both name in the title. He hasn't got anymore money. Chris please answer my question on the very first paragraph yesterday question about my lawyer advised have to wait 12 months. Shall I go what he advised or shall I demand it to be transfer.
The period is 6 months not 12. Claims must be made however within 12 months and your lawyer may be concerned about this time and paying out before claims are made. In this case the risk is however minimal as from what you have described the step children have no claim they can make. You should insist on the estate being wound up
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