Could they contest the man's will?

F

franmac

Registered User
Messages
134
A couple married and had one child together then they parted and after a number of years the man obtained an uncontested divorce in another country.

He remarried and had more children but his ex wife has had two more children and has had them registered at birth naming him as the father. She was not in a permanent relationship.

Should he try to get his name removed from the birth certs or if he leaves things as they are will they have any claim on his estate when he dies?
 
Re: Could they contest the mans will?

Did the (ex)husband not have to give his consent (signature or something) when registering the birth?

I think a DNA test would put the mans mind at ease. Although if he's dead, he won't be around to request it. He should really get his name removed. (If possible)
 
Re: Could they contest the mans will?

Desperate said:
Did the (ex)husband not have to give his consent (signature or something) when registering the birth?
Click to expand...

When these children were born they were still "married "but he was living in another country and it was when research was done to apply for the divorce that these extra registered children came to light.

Thank you for your interest.
 
Re: Could they contest the mans will?

I think that when a woman is "married" there is no requirement to get the consent of the husband to name him as the father. Only with unmarried couples to they need consent of the father.

I have never heard of someone getting a birth cert altered.
 
Anyone can contest a will, but did you not say he was living in another country and his will would come under the law of that Country. If he got a divorce in that other Country was it recognised here in Ireland? Maybe it's the case that he was still married in law to the "ex wife" and that is why she registered the children in his name? (just a thought).
 
There is no obligation to include all your children in your will. As long as there is a valid will, I can't see why they should have any claim against the estate. I imagine they would have a claim if he were to die intestate.
 
franmac said:
an uncontested divorce in another country.
Click to expand...
This divorce may not be recognised here in which case, the ex-wife, never mind the kids would have a right to her late husband's estate. Legally they are still married here as far as I know.
 
"There is no obligation to include all your children in your will"

That may depend where he is living. In France, for example, as far as I know you cannot disinherit your children. So it may depend what jurisdiction the will is enforced in

Gnash
 
Sounds like proper legal advice on this matter may be in order. And/or a trip to the local who might be able to help.
 
The father should have a look at the attached. The .

http://www.groireland.ie/registering_a_birth.htm

It states "Correcting errors or amending an entry, after the original registration has been completed, may involve a lengthy procedure with considerable inconvenience to all parties concerned. It is extremely important that the Qualified Informant(s) reads the entry carefully to ensure the accuracy of the facts as recorded prior to signing the register" so its not going to be easy but the document shows how to proceed.

Murt.


Murt
 
Also, you can't disinherit your children. They would have every right to contest any will.
 
Danmo said:
Also, you can't disinherit your children. They would have every right to contest any will.
Click to expand...

Are you saying that people cannot decide how they want to leave their money, and are under a legal obligation to include their children in their will? What happens if people have a major falling out with their children, and want to leave their entire estate to their favourite charity?
 
In this jurisdiction you can do whatever you like in your will, only a spouse has a right to an automatic share of your estate. Children have no automatic right, but they can take an action against the estate if they can prove they have not been adequately provided for during their parents lifetime. This is usually the reserve of children with a disability.
 
Seagull said:
Are you saying that people cannot decide how they want to leave their money, and are under a legal obligation to include their children in their will? What happens if people have a major falling out with their children, and want to leave their entire estate to their favourite charity?
Click to expand...

Vanilla is right. You don't HAVE to leave them something however, they can contest the will particularly if they feel provision has not been made for them. My husband is divorced and we made wills recently. The solicitor went through this in some detail just to cover all the bases. In terms of the divorce, if it is not done properly etc, 1st wife can even have a claim on husband's pension if she has not remarried. Probably not put EXACTLY right but I know, that's the gist of it (someone looking over my shoulder in work!!)
 
Seagull said:
Are you saying that people cannot decide how they want to leave their money, and are under a legal obligation to include their children in their will? What happens if people have a major falling out with their children, and want to leave their entire estate to their favourite charity?
Click to expand...

Vanilla is right. You don't HAVE to leave them something however, they can contest the will particularly if they feel provision has not been made for them. My husband is divorced and we made wills recently. The solicitor went through this in some detail just to cover all the bases. In terms of the divorce, if it is not done properly etc, 1st wife can even have a claim on husband's pension if she has not remarried. Probably not put EXACTLY right but I know, that's the gist of it (someone looking over my shoulder in work!!)
 
You must log in or register to reply here.
Back
Top