saira14
Badges: 6
Rep:
?
#1
Report Thread starter 1 year ago
#1
Hi, I am 17. My father has 4 kids:2 from another woman and 1 me and another my sister from my mother. The children from the other woman do not let him become close to me and my sister and do not let us get into contact with him. As far as I know he has a property which he has given to his other 2 children. His other children do not let him give me and my sister any share. Can I still fight for my right, is there anyway I can get inheritance.
0
reply
tenacity
Badges: 13
Rep:
?
#2
Report 1 year ago
#2
nulli tertius
0
reply
nulli tertius
Badges: 21
Rep:
?
#3
Report 1 year ago
#3
(Original post by saira14)
Hi, I am 17. My father has 4 kids:2 from another woman and 1 me and another my sister from my mother. The children from the other woman do not let him become close to me and my sister and do not let us get into contact with him. As far as I know he has a property which he has given to his other 2 children. His other children do not let him give me and my sister any share. Can I still fight for my right, is there anyway I can get inheritance.
Is your father alive or dead?

If he is alive and lives for some years, the circumstances are likely to be very different by the time he dies and it isn't worth thinking about them now. It is improbable that unless he is a very rich man that he has made a gift of a property to his other children in his lifetime. He may have left the property to his other children in his Will, but if he did that yesterday, he could make a new Will in your favour tomorrow and a third Will in favour of the Cats' Home the day after. Again, it isn't worth thinking about the position now.


If your father is dead, the position is very different. Are these other children older or younger than you and your sister? Does your father have a current spouse or partner and is that spouse or partner the mother of any of these children? Was your mother ever married to your father and if so has the marriage formally ended? Was your mother receiving maintenance from your father for herself, for you and your sister or for neither? Did your father live in England or Wales?

The probability is that you have a claim for reasonable financial provision out of your father's estate but the warning is that others may also have such claims and their claims may be better than yours, depending on the circumstances. Your mother (because you are still a minor and there is a very short time limit to do anything) should try and get an initial interview with a solicitor to discuss whether a claim is worth pursuing. The solicitor may be willing to give a free initial interview, but if not should offer your mother a fixed price for a short interview. Choose a solicitor who is a member of this organisation http://www.actaps.com/

If your father is alive, try and re-establish contact with him. Do so in the realisation that if his other children are younger than you, he may be unwilling to do so because he fears this may undermine his relationship with his other children or possibly their mother. Make sure that any approaches are by you and/or your sister (and don't involve your mother) and are non-judgemental about the breakdown of the relationship between your father and mother. You may have heard her side of the story or experienced that breakdown as a child living with her. You are unlikely to know the full story of their relationship.
3
reply
ANM775
Badges: 20
Rep:
?
#4
Report 1 year ago
#4
unlikely you'll get anything tbh if he's specified in his will

I received an inheritance and we was a little worried that others in the family would try and claim for it, as it could be argued they were more entitled to it. However it was made clear in a will what the person who died wanted so they probably didn't bother as they'd of been wasting their time....
0
reply
londonmyst
Badges: 18
Rep:
?
#5
Report 1 year ago
#5
Do you, your father and all his children live in the UK?
Does your father financially support you and your sister?
0
reply
saira14
Badges: 6
Rep:
?
#6
Report Thread starter 1 year ago
#6
No his other 2 children do not let him associate with me and my sister. Yes we all live in the UK. I am the youngest of his children. My mother is his wife by law- but are separated and he is living with his other children mother I guess she is his 'partner'. but legally it is my mother who is his wife.
(Original post by londonmyst)
Do you, your father and all his children live in the UK?
Does your father financially support you and your sister?
0
reply
londonmyst
Badges: 18
Rep:
?
#7
Report 1 year ago
#7
(Original post by saira14)
No his other 2 children do not let him associate with me and my sister. Yes we all live in the UK. I am the youngest of his children. My mother is his wife by law- but are separated and he is living with his other children mother I guess she is his 'partner'. but legally it is my mother who is his wife.
Your mother can divorce him for his affair with the other woman and request a divorce settlement.
A divorce settlement can include the division of all his assets and spousal support from him.
She can also ask the court to order him to pay child support for all the years that he did not make payments for you and your sister.
0
reply
saira14
Badges: 6
Rep:
?
#8
Report Thread starter 1 year ago
#8
my dad is alive but he is now on ventilator and spends most his time in and out of hospital. HE is living with a partner- that woman is the mother of his other 2 children aged 27 and 29. that woman does not let my father contact me and my sister and are extremely jealous and possessive. As far as I know, currently on his will 50% of the property he has given to his other daughter (from that woman). He has not given the other 50% to anyone yet. I am the youngest of his children, 17. I have a sister and we share same mum and dad and she is 27. He has never financially provided any support to us as.

Due to his deteriorating health he is currently on disability benefits. I would like to mention that my mum is legally his wife and they are still in marriage but separated. The woman he is living with is also the mother of his other two children one of whom he has given 50% property to on his will- but that woman is just a partner and not his official wife by law- my mum is.

I find it so unfair that he has never paid any attention to me and my sister and even when it comes to property he chooses his other daughter from that other woman and gives us nothing. Can I fight for my right before he decides to give the remaining 50% property to his other daughter? establishing a relationship with him is not possible because those other children have hogged my father and do not let him speak with us.


(Original post by nulli tertius)
Is your father alive or dead?

If he is alive and lives for some years, the circumstances are likely to be very different by the time he dies and it isn't worth thinking about them now. It is improbable that unless he is a very rich man that he has made a gift of a property to his other children in his lifetime. He may have left the property to his other children in his Will, but if he did that yesterday, he could make a new Will in your favour tomorrow and a third Will in favour of the Cats' Home the day after. Again, it isn't worth thinking about the position now.


If your father is dead, the position is very different. Are these other children older or younger than you and your sister? Does your father have a current spouse or partner and is that spouse or partner the mother of any of these children? Was your mother ever married to your father and if so has the marriage formally ended? Was your mother receiving maintenance from your father for herself, for you and your sister or for neither? Did your father live in England or Wales?

The probability is that you have a claim for reasonable financial provision out of your father's estate but the warning is that others may also have such claims and their claims may be better than yours, depending on the circumstances. Your mother (because you are still a minor and there is a very short time limit to do anything) should try and get an initial interview with a solicitor to discuss whether a claim is worth pursuing. The solicitor may be willing to give a free initial interview, but if not should offer your mother a fixed price for a short interview. Choose a solicitor who is a member of this organisation http://www.actaps.com/

If your father is alive, try and re-establish contact with him. Do so in the realisation that if his other children are younger than you, he may be unwilling to do so because he fears this may undermine his relationship with his other children or possibly their mother. Make sure that any approaches are by you and/or your sister (and don't involve your mother) and are non-judgemental about the breakdown of the relationship between your father and mother. You may have heard her side of the story or experienced that breakdown as a child living with her. You are unlikely to know the full story of their relationship.
0
reply
nulli tertius
Badges: 21
Rep:
?
#9
Report 1 year ago
#9
(Original post by saira14)
my dad is alive but he is now on ventilator and spends most his time in and out of hospital. HE is living with a partner- that woman is the mother of his other 2 children aged 27 and 29. that woman does not let my father contact me and my sister and are extremely jealous and possessive. As far as I know, currently on his will 50% of the property he has given to his other daughter (from that woman). He has not given the other 50% to anyone yet. I am the youngest of his children, 17. I have a sister and we share same mum and dad and she is 27. He has never financially provided any support to us as.

Due to his deteriorating health he is currently on disability benefits. I would like to mention that my mum is legally his wife and they are still in marriage but separated. The woman he is living with is also the mother of his other two children one of whom he has given 50% property to on his will- but that woman is just a partner and not his official wife by law- my mum is.

I find it so unfair that he has never paid any attention to me and my sister and even when it comes to property he chooses his other daughter from that other woman and gives us nothing. Can I fight for my right before he decides to give the remaining 50% property to his other daughter? establishing a relationship with him is not possible because those other children have hogged my father and do not let him speak with us.
What you think has happened, whilst possible, is inherently unlikely.

I hope you understand that making a Will doesn't give anything away in his lifetime. The property is still his and he is free to change his Will. Please see my earlier post about trying to re-establish contact; but that inevitably means accepting his current partner.

If he has made a Will, it will almost (99%) certainly have dealt with his whole and not only half of his estate. On the other hand, many people claim to have made Wills and have never got round to it.

If there is no Will, all or most of the estate will end up with your mother and it is she who will be fighting off claims from his partner and children.

If there is a Will leaving his estate to his children by his partner, then you, your sister, your mother and his partner will all have claims for reasonable financial provision. Yours and your sister's will be the two weakest claims. Your mother's claim and that of his current partner will be accorded priority by the courts. That doesn't guarantee you would get nothing, but it isn't looking very good.

There are clearly many other possible outcomes depending on the precise factual position.

There is nothing to be done in his lifetime. I have explained what your mother should do when he dies.
Last edited by nulli tertius; 1 year ago
1
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Current uni students - are you thinking of dropping out of university?

Yes, I'm seriously considering dropping out (125)
14.65%
I'm not sure (36)
4.22%
No, I'm going to stick it out for now (260)
30.48%
I have already dropped out (22)
2.58%
I'm not a current university student (410)
48.07%

Watched Threads

View All