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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My grandsons father has died suddenly. The father was a doctor(GP)

Resolved Question:

My grandsons father has died suddenly. The father was a doctor(GP) and owned a large practice. my grandson was born as a result of the relationship he had with my daughter 10 years ago. At the time he was estranged from his partner who has two children to him. Before my grandson was born he returned to the previous relationship with the mother of his two children and they subsequently married. He made a private arrangement with my daughter and has consistently paid child maintainence since then. He divorced his wife 5 years ago and has remarried again to a woman with two of her own children. He has never seen my grandson and made it plain he did not want a relationship with him. He blamed pressure from his first wife caused this. Would my grandson have claim on his estate in light of the fact that his maintenance has now ended? A bit complicated I know but if you can give any guidance we would be grateful.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youAssuming that the father has made no financial provision for the child then yes your daughter can make a claim against theestate for financial provision for her sonI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you for your reply Clare can you just clarify whether my grandsons claim would be for the existing maintenance arrangement or could he claim the same as his fathers other two children if no provision has been made for him. Will my grandson be treated on an equal footing with his siblings? Thankyou
Expert:  Clare replied 2 years ago.
That will depend on what provision - if any - has been made for him.The claim is for adequate financial provision - not for a full equal share of the estate I am afraid - so if he has chosen to make specific gifts to the other children then they will receive more.However if he has not made a Will then the child will stand equally with the other children under the Intestacy rulesClare
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