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plclegal, Barrister
Category: Law
Satisfied Customers: 7644
Experience:  Barrister at law
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I had my sons father removed from his birth certificate due

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I had my sons father removed from his birth certificate due to abondonment some years back (we had no contact for 11 year from him). I was recently contact by his family to say he passed away and had no will. Does my son still stand to inherit his estate or have a given up that right when I removed him from the birth certificate?
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: I reside in south africa, but his father lived and died in UK
JA: What documents or supporting evidence do you have?
Customer: I have legal documents from court for abandonment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is***** for your patience.

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Having your son's father removed from his birth certificate removes his rights as a parent - and removes parental responsibility.

Many fathers still have biological children that they do not have parental responsibility for.

So, if it is not disputed that your child is his biological child, they should still inherit from him under the intestacy rules despite having had his PR removed.

I hope that this assists.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

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plclegal and 3 other Law Specialists are ready to help you
Customer: replied 9 days ago.
thanks this is very helpful, I believe a cousin is the handling the adminstration of the estate and I will send the relevant documents to her. How do I follow up with how the estate is being handled?

At that stage you should indicate that you are acting on behalf of your son, as he is a child, and ask for estate accounts/ papers given that she will be effectively acting in his interests in administering the estate.

If needed, you can appoint a lawyer in the UK to deal with her or make an application to court if the correct procedure is not being followed or you suspect that she is not acting in your son's best interests.

Hopefully it will not come to that though.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter