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Ben Solicitor
Ben Solicitor, Solicitor
Category: UK Property Law
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Experience:  LL.B.(Hons), Pg.Dip.L.P.
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My mother has recently passed away and has left a will dividing

Resolved Question:

My mother has recently passed away and has left a will dividing her moveable estate between myself and my brother. During the way, before she was married to our father, my mother had an illegitimate daughter by another man who was adopted. She is obviously a half-sibling and had a happy adopted childhood. She had no contact with our mother.

Does she have any claim on our mother's estate?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Ben Solicitor replied 4 years ago.

Hallo

 

Generally speaking so long as will was validly executed there is no possibility of a successful challenge as the half sibling was not being maintained by your mother for the 2 years prior to death.

 

Kind Regards

 

Ben

Customer: replied 4 years ago.
Hi Ben, many thanks for your prompt reply. it's much appreciated.
For my peace of mind would it be possible for you to confirm the following.

My understanding is that when a child is adopted this creates a permanent legal relationship between the new parents and the child.
The child's birth parents no longer have any guardianship rights over the child nor does the child have inheritance rights from the birth parents or grandparents.

regards

Catriona
Expert:  Ben Solicitor replied 4 years ago.

That is my understanding also unless the child was being maintained voluntarily during the period of 2 years prior to death.

 

Kind Regards

 

Ben

Ben Solicitor, Solicitor
Category: UK Property Law
Satisfied Customers: 348
Experience: LL.B.(Hons), Pg.Dip.L.P.
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