All children are adults now, if the father dies can the first children contest or see any will or his disposed assets, no provision was made for the original family when growing up.
there is no requirement to make provision for adult children.
A will is a public document so you will be able to see it, once it's gone through probate. Is the father dead and is there a will?
I dont know if there is a will.
Can I find out about the existence of a will prior to it going through probate?
There is no contact with that person or his children (whether they are his biologically or under his guardianship)
I assume that the father in question has actually died.
If not, then the will has no legal standing, and is effectively a private document of the fathers and no one has a legal right to see it.
If he has died, any person can ask to see the part of the will that they are mentioned in, but not the entire will.
I don't know how you find out about the will, unless you know who the executor is.
But if you are not mentioned and the will has not been through probate,
can you contest it under the above mentioned succession rights of children Section 117? or can you contest it after probate has completed?
Would each (adult) child have to contest it individually?
The social policy underlying section 117 is primarily directed to protecting those Children who are still of an age and situation in life where they might reasonably expect support from their parents, against the failure of parents who are unmindful of their duties in that area.
You're taking a very agressive approach Dow? You can not find out about a will now if the man is not dead. Is this a vast sum of money, how many children. It is of no relevance if the man's second family are from a relationship without marriage.
Would you and your siblings not be better off ignoring the second family and getting on with your own lives. Please be aware that the estate might be eaten up in legal costs. That his current children may need an inheritance, particularly if they are young. And that some things are not worth fighting for.
Its probably too specific, I wanted to make an enquiry to see is there a legal process to contest a will under the above circumstances,
For what it's worth, based on your post, I'd say you have a good chance of succeeding. Being left in poverty, no maintenance paid, and a wealthy man who took good financial care of his second family only would lead me to that opinion.
Unless you are a lawyer in possession of facts not posted here, I think it is entirely inappropriate to voice this opinion.... For what it's worth, based on your post, I'd say you have a good chance of succeeding. ...
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