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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45886
Experience:  24 years experience. Admitted in New South Wales and the UK.
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I have a daughter who's father is married to a woman who is

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I have a daughter who's father is married to a woman who is not myself. His wife and their one daughter does not realise that he has two children outside of his marriage (my daughter, and a son to another woman). Does his two 'illegitimate' children have a right to a share of his estate upon his death? They are not mentioned at all in the will. He resides in Australia, but is British, and has dual citizenship. He is not on my daughter's birth certificate. Thank you.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.On his estate the children from both relationships are entitled as he is both their father. Your daughter may have to prove that she is his daughter if she wishes to make a claim so you should rectify this situation because she is going to have difficulties. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 2 years ago.
Hi thank you for your answer. Other than a DNA test, what can be used as proof? I have many archived emails discussing our daughter, and bank transfers from him to me. Thank you.
Good EveningYou can arrange to have him placed on the birth certificate. This would give her something to fight with. If he passes away and she is not aware the the DNA test may not be able to be done and she will be left wit nothing
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