rights of a child to father's estate

A

AJ1

Registered User
Messages
67
Hi,

My partner and i are hoping to buy a house in the next year or two. There is the possibility that he may have a child (who is now 7) with another woman and he is organising a dna test. I am worried that if we buy a house together could this child then have inheritence rights to his half of the house if he was to die? Would being married make any difference.

Thanks
 
If the property is purchased in joint names then it passes to the other joint owner outside of the estate of the deceased.

Being married would only mean that you would have no inheritance tax liability but wouldn't affect the child's rights.
 
There is the possibility that he may have a child (who is now 7) with another woman and he is organising a dna test.
Click to expand...

Having to pay child support may be a bigger issue right now for him.
 
Stifster said:
If the property is purchased in joint names then it passes to the other joint owner outside of the estate of the deceased.

Being married would only mean that you would have no inheritance tax liability but wouldn't affect the child's rights.
Click to expand...

Doesn't this depend on whether the house is purchased as Joint partners or partners in common ? I think being married would make a big difference in this regard, because technically the child ( if it is his child ) would be next of kin & not yourself. You really need legal advice on this.
 
I think the child could contest any will/make a claim on the estate if they were not provided for adequately.
 

with respect that was legal advice and joint names=joint tenants.

Property held in joint names (joint tenants as opposed to tenants in common) passes outside the estate.

If a child is not adequately provided for they can make a claim against the estate but the jointly owned property will not form part of the estate.
 
The child will have the same inheritance rights as any children you may have. Thats as far as I know anyway
 
Assuming that the child is proved to be your partners and that he makes maintenance payments then there shouldn't be an issue of not properly providing for his client.

However, as pointed out, this child is his next of kin until you marry and if he died with no will would be entitled to any of his assets (accounts in sole name, car etc). He should make a will dealing with all his property if it is proved to be his child.
 
You must log in or register to reply here.
Menu
Log in
Register