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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10226
Experience:  I have been practising for 30 years.
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Can two children born out of wedlock make a claim against

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Can two children born out of wedlock make a claim against their Father's estate who died a year ago.
A Will was with a Solicitor on their data base until 1997 but we have had no reading of this and his other two sons by his marriage have taken claim of all. DO YOU HAVE ANYADVICE OR HELP?

Illegitimate children are treated exactly the same as legitimate children for the purposes of any inheritance from a deceased person’s estate.

Unfortunately, there is a very short time window of 12 months to bring a claim after which it would need the court consent.

You can apply to court for an application for pre-action disclosure of the will and that threat coming from a solicitor would probably be taken more seriously.

If the solicitors will still not disclose the will, then you are faced with going to court.

Can I clarify anything for you?

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Best wishes.


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Customer: replied 1 year ago.
Thank you very much.We shall contact our solicitor, who will hopefully be able to further matters. A final question would the will in 1997 be registered on the data base. thanks.