How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

If I am a beneficiary under a will, how do I have to claim

Resolved Question:

If I am a beneficiary under a will, how long do I have to claim an inheritance? If the deceased died intestate and I am a proven natural child, can I still make a claim?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the position please

Customer: replied 1 year ago.
The situation is really as outlined in the question:How long does a beneficiary under a will probated in England & Wales have to claim their inheritance? If the bequest is written as 'to be divided equally amongst my children' will an illegitimate child be recognised as a beneficiary if he died in May 1986? What if there was no such specific request and he died intestate on that date?
Expert:  Clare replied 1 year ago.

OK

To an extent this depends on when people became aware of the existence of the illegitimate child - was it known in 1986?

When did you discover your identity?

Customer: replied 1 year ago.
The child was known about - and to an extent acknowledged - a long time before 1986. The father paid for the child's school fees and later paid the child a small personal allowance.
Expert:  Clare replied 1 year ago.

Excellent.

How many other children did he have?

Was there actually a Will or not (I will answer both your questions but it would help to know which is the actual position)

Customer: replied 1 year ago.
There were two other children. One was the legitimate child of a first marriage. The second was born outside marriage but he later married the mother. The third child was illegitimate and he did not marry the mother.
Expert:  Clare replied 1 year ago.

And the Will?

And which part of the UK did the deceased live in

Customer: replied 1 year ago.
There was a will but I have no details of this. I am just making a general enquiry at the moment.
Customer: replied 1 year ago.
he lived in the UK.
Expert:  Clare replied 1 year ago.

Which part of the UK - there are very different legal jurisdictions involved

Customer: replied 1 year ago.
Sorry, I should have been more specific - Cambridge, England.
Expert:  Clare replied 1 year ago.

Thank you

You can obtain a copy of the Will here

https://www.gov.uk/search-will-probate

If the Will simply says "between my children" then you were entitled to a share

If it said "between my children xxxx and xxx " you were not.

If there was no Will and the Intestacy Rules apply then assuming he was not married at the time of his death you were entitled to a third of the Estate.

There is no limitation of claiming funds to which you were absolutely entitled, and since your parentage was public knowledge at the time of death then the Executor of Administrator was under a duty to distribute the funds correctly and you can sue them personally if they have not done so.

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you