Single Father and Rights

figgy

Registered User
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Can someone please help me with this one....

If I get married and have a family - would a child from a previous relationship have legal access to assets that my wife and I would have? For example if I had a family home and two children from the marrage.. If something was to happen to me and my wife would the family home be split 3 ways even if I did not want it to be...

Also if the woman from the previous relationship wanted to go after any of my assets would she be able to legally????

I am going to speak to a solictor but want a heads up before I talk to him/her- Anyone recommend a good family layer... Would really appreciate it...
 
Your child born outside of marriage has the same entitlements as children born within marriage or at least that is what I was told when I enquired. All children on the death of a parent/ parents who can prove that they were not adequately provided for in the will of their respective parent are entitled to apply to the courts to appeal the contents of the will. However in the case of the childs mother she would have no claim on your estate unless she was acting on behalf of the child from the relationship if the child was a minor, if you were married and then divorced then from personal experience I know I signed away any claim on my ex's estate.

It is my understanding that you cannot specifically ask to have your child excluded from benefiting from your estate, perhaps you should consider setting up an Education Fund/ Insurance Policy for the child to show you are providing for him/her. Irrespective of the situation your child was born from you have a responsiblity to provide for him/her both now and the future and I would imagine that any solicitor will tell you that.

As for recommending a Solicitor what is acceptable to one person is not to another I know from personal experience the Solicitor who worked on my Divorce did me no favours when it came to agreeing a settlement, as far as I'm concerned, but then again came highly recommended by someone else.

Finally I would say it's not just about your rights as a Single Father it is also about your child and his/ her rights, they didn't ask to be born into the situation you find yourself currently in, keep that in mind too.
 
Hi Figgy, found this on Solo.ie tried to copy the link but couldn't get it to work so pasted instead, its a great website for Single Parents it may help with your query and as it says below it is not legal advice just information only:


Your childs inheritance rights
All children have the same basic rights under succession law, whether or not their parents have married each other, and 'children' here includes adult children as well as minors. What these rights are depend primarily on whether the deceased person has made a will or not. However, a child whose parents have not married each other may have difficulty asserting those rights with regard to her/his father or people related to her/him through the father unless s/he can prove paternity. If paternity has been established either through the name being entered in the Birth Register or with a court order (see section Establishing Paternity) during the fathers lifetime, this difficulty is largely done away with. If paternity has not been established before the father's death, there may be difficulties of evidence and proof afterwards.

Where no will has been made
If either of the child's parents dies without having made a will, and leaves no spouse and no other issue (i.e. children or grandchildren) the child will inherit the entire estate. If there was no spouse but there were other children then each child (whether born within or outside marriage) is entitled to an equal share. If the deceased is outlived by a spouse, the spouse is entitled to two thirds and the child (or children) to the other third, divided equally between the children. Where a relative (other than the parent) of a child dies without having made a will, the child may be entitled to share in the estate, depending on what other closer relatives may have survived the deceased.

Where a will has been made
Where the relative who died has made a will, the terms of the will are put into effect. There is no obligation on a person making a will to make provision for any or all relatives whether born within or outside marriage. However, if a parent who died having made a will failed to make proper provision for any of his or her children (including children born outside marriage, and adult children), then the children affected may apply to the court for a share in the estate. Where a will is made after 14th June 1988 which uses any terms which describe a family relationship (e.g. 'child', 'grandchild', 'cousin'), the law interprets such terms without regard to whether any person's parents had married each other, unless it is clear from the context that the contrary was intended.

Making a will
If you are over 16 years it is advisable to make a will as it makes the settlement of your affairs easier for those who survive you. Even if you have not much by way of property to dispose of, making a will gives you an opportunity of appointing someone to act as your child's guardian after your death (see section Guardianship, Custody and Access). Take legal advice before making a will.

The material on these pages is for information only and is not legal advice.
 
Thanks guys - Just trying to figure out potential things that may happen down the line and appreciate that everyone needs to be looked after. just dont want legal case after case between children from different relationships etc....
 
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