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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My brother has recently died.he has a wife and daughter....he

Resolved Question:

my brother has recently died.he has a wife and daughter....he also has a daughter who is his firstborn..does she have any rights if there is a will or not? the wife is not accepting her at all
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi thank you for your question, I will assist you with this.
How old is his first born daughter? Is he named on her birth certificate? Was he involved in her life? If she is a minor, did he pay maintenance?
Are you aware if there is a will or not?
Do you know the value of his estate?
Customer: replied 2 years ago.

born 1971..44yrs old...no he is not named on her birth certificate. they have been in each others lives in the last 2.1/2 yrs having conversations every day..texting and many meetings with eachother. She is a married woman and no maintenance to my knowledge....He died on 21.4.15...we do not know if there is a will or not...his wife and daughter are keeping us all out of everything from the day he died...he was a business man and i,m informed a multi millionaire.....thankyou

Expert:  Kasare replied 2 years ago.
Hi Ruby
Thank you for your reply.
The Family Law Reform Act 1987 gives legitimate and illegitimate children the same rights to inherit from their parents, grandparents, sisters and brothers, or any other relation who dies intestate. So if your brother, her father, failed to make a will, then she would have exactly the same claim as his other children under the intestacy rules.
If he made a will, but made no provision for this daughter, she could claim under the Inheritance Act 1975, which states that illegitimate children have a possible claim.
What she needs to do depends upon whether he has a will or not, but she should get legal representation to assist her as contesting a will or a grant of probate can be quite difficult.
I hope this assists, if you have any further questions, please ask.
Kasare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

can his firstborn daughter find out if her father has a will...or is this information only available to his wife and younger daughter? thankyou

Expert:  Kasare replied 2 years ago.
If a Will has been written, the Executors should be made aware of where the original is kept - if a solicitor has drawn up the Will then they will have a copy. Executors of the Will are entitled to request a copy of the Will from the solicitor.
The issues you often find are that a) the Executor can be one of the beneficiary's (i.e. his wife) and b) they will likely have access to the Will (or a copy) as it was kept in the home, simple as that.
If your brother was a business man with a large estate then it is likely he will have solicitors that he used for his commercial activities. She should write to the solicitors in the area asking if any of them hold a will for him. She can also check at the Wills Registry - see this link https://www.gov.uk/find-persons-will
As I have said, I would tell her to seek legal assistance. The solicitor can then write to the wife of your brother notifying her of a claim on the estate by his illegitimate daughter. This may cause his wife to act more appropriately or if not a lot of the estates money will be wasted on legal fees.
Anything else, just ask.