# inheritance from biological father not on birthcert



## Blossy (1 Jul 2008)

My biological father made contact with me a few years back.he is not on the berth cert. my mother remarried and i was adopted by her husband, my biological father has put me in his will.
would it make more sense for me to put him on my birth cert now or how much tax will have to be paid on the inheritance?
i really dont have a clue about all of this....and any info would be great??


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## g1g (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

I dont think changes can be made to your birth cert now. You should contact the births/deaths & marriages department in your area.  Remember, there must have been a reason why your mother did not put him on your birth cert


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## paddi22 (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



g1g said:


> Remember, there must have been a reason why your mother did not put him on your birth cert



There is a multitude of reasons why the father's name mightn't have gone down on a birth cert. Doesn't necessarily mean they cannot be a positive prescence in someones life. Every adoption case if very complex, and all are completely different from eachother.


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## Blossy (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

When i was born i was totally unexpected and unplanned, i think her originall plan was to put me up for adoption completely, she was in a home run by the nuns! but when she saw my beautiful face when i was born she kept me!    the father then made contact years later!
I dont think my mom would have a problem with him being put on it! 
if i cant in order to gain inheritance from a father would a paternity test or something have to be...the reason i am asking is that he is from a very old fashioned family in the country, im guessing alot of land in question here and his family are only aware i exist in the past year or so! i would imagine they wouldnt be too impressed if he left me alot in his will! (they want nothing to do with me! i went to meet them and they would meet me back)
Just what would be the legal implications in this, to be honest i would like it cleared before he passed away to prevent a very  very messy situation.

-ps he has stated im in his will. he asked me these same questions so thought id post on here if anyone had info!!


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## Kate10 (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

hi Blossy,

It's great that he wants to look after you after all these years.

If someone leaves something to you in their will you are entitled to it, whether or not you are related to them.  The relatioship bit only comes into it when you are calculating the amount of tax you owe to the Revenue on the inheritance.

If this man is your biological father then you are entitled to the same reduced tax liability regardless of whether or not he is on your birth certificate, but the Revenue may want proof that he is your Dad.  I suggest that you ring your local tax office and ask to speak to someone in the Capital Acquisitions Tax office.  Tell them the story and ask them what proof they would need that this man is your father.  It may be that a paternity test result would be sufficient and I think these are relatively straight forward.

Good luck,

kate.


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## csirl (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

I would think that you would be able to get his name on the birth cert, but he would have to agree to it being put on.

As for the inheritance, illegitimacy has been abolished, so you have just as much entitlement to inheritance that any of his children have. Even if he is not on the birth cert, you can still claim inheritance if you take a paternity test. However, this is messy to do after someone dies - difficulties with DNA samples etc. and because the executor may not know of your claim. Even if it turns out that you are mentioned in the Will when he passes away (remember that Wills can be changed easily, so being on it now is no guarantee) there is a possibility that there will be possessions not recorded in the Will that will be due to his next of kin (which may be you and his other children).


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## g1g (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



paddi22 said:


> There is a multitude of reasons why the father's name mightn't have gone down on a birth cert. Doesn't necessarily mean they cannot be a positive prescence in someones life. Every adoption case if very complex, and all are completely different from eachother.


 

thats not what I meant. I was talking about it from her mothers point of view.  I would consider my mother if I was wanting to make a change like this. Plus I think it would be her mother who would have to get it changed since she filled out this legal document to begin with.


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## ClubMan (1 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



g1g said:


> thats not what I meant. I was talking about it from her mothers point of view.  I would consider my mother if I was wanting to make a change like this. Plus I think it would be her mother who would have to get it changed since she filled out this legal document to begin with.


Presumably the original poster is a grown adult who can make his own decisions?


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## csirl (2 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



> Quote:
> Originally Posted by *paddi22* http://www.askaboutmoney.com/showthread.php?p=659683#post659683
> _There is a multitude of reasons why the father's name mightn't have gone down on a birth cert. Doesn't necessarily mean they cannot be a positive prescence in someones life. Every adoption case if very complex, and all are completely different from eachother._
> 
> ...


 
Legally speaking there is an obligation on the mother to put the fathers name on the cert if the father is known. However, this law does not seem to be enforced much and I would guess there would be difficulties in doing so.


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## Margie (2 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

But if the op was adopted by their mother's husband then there would be a new birth cert issued with his details as father on it.  the original birth cert would be null and void.

All this considered, if the op is mentioned in any will - isn't it the legal obligation of the executor of the will to carry out all requests of the deceased under the supervision of the family solicitor?


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## g1g (2 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



ClubMan said:


> Presumably the original poster is a grown adult who can make his own decisions?


 
but the birth cert was signed by her mother to begin with therefore I would have thought any changes would have had to have her mothers approval.  As per other poster, the birth cert would be null and void anyways if she has been adopted by her mothers husband.


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## bond-007 (2 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*

Is it not the case that adopted persons get a special birth cert without the parents details on it?


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## Thirsty (2 Jul 2008)

Going back to the whole inheritance tax implications /biological parents/adopted parents scenario....

What is being said here is that a child who is adopted can inherit (with tax breaks) from both their adopted parents and their biological parents?

I don't think that can be right...

Citizens information says:


> The child is regarded in law as the child of the adoptive parents as if he/she were born to them.


 
I don't think you can get two bites of the cherry here; if you are left an inhertiance from your birth father, I think the tax man will view you as 'strangers' in law and apply the appropriate tax claw back. 

I am open to correction here if anyone else knows better....


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## davidoco (2 Jul 2008)

*Re: inheritance from biologocal father not on birthcert*



Blossy said:


> -ps he has stated im in his will. he asked me these same questions so thought id post on here if anyone had info!!


 

Before you go to too much trouble legal or otherwise it might be an idea to get a hanlde on what he means by "I'm in his will".  To some people that might mean €500 or his favourite watch.  

"very old fashioned family in the country" types are about the most protective of land so don't assume he's leaving you the lot.


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## Blossy (3 Jul 2008)

hi all! thanks for all your replies! i actuallly have two birthcerts, first one i got for my Confirmation and it had Adpotion Board at the top of it with my adpodtive father on it, then when i had my own child i asked for a copy from the births reg office etc and i got the original, with no father on it! 
Its really messy but my adopting father and my mother divorced! Does that stop all legal rights to me etc! its messy!!
Its a funny one as my adopted dad has no major contact with me since the divorce!!
I guess its answered that i am seen as a 'stranger' when it comes to my biological fathers will! 
To me it doesnt matter what is left, but i do know it will be argued on his side!! and they would only be too delighted if i have no legal proof he is my father!


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## galleryman (3 Jul 2008)

If you were legally adopted there are 2 issues that i have found data about on this website;

1 - your CAT threshold and 
2 - your succession rights

1 - WRT to CAT your biological and adoptive parents can all leave you an inhertiance and you qualify for the same Category A status for all.   However the threshold is cumulative from all sources so you will not gain here but you won't lose out. 

2 - WRT to succession rights, I believe that your succession rights now pertain to your adoptive father and have absolutely NO succession RIGHTS to your biological father's estates.


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