The Mudcat Café TM
Thread #64474   Message #1056127
Posted By: Richard Bridge
18-Nov-03 - 08:27 AM
Thread Name: BS: Any Such Thing As Illegitimacy Anymore?
Subject: RE: BS: Any Such Thing As Illegitimacy Anymore?
Dear Liz,

As you may know I am a solicitor. Inheritance is not my speciality but I do know a bit about it. I am currently dealing with the estate of Jacqui, my "wife" of 25 years who was still married to her first husband, if I can put it like that, and we have two mature children by her first husband, and Rachel who is my biological daughter. I am also in the process of sorting the estate of the estranged but not divorced wife of a very old friend of mine. She happened to die intestate. So I have had to look at this somewhat. I speak only of the law of England and Wales.

I do not of course know exactly what your friend's solicitor said but your reportage of it does not I think set out good law. If she had NOT been married to her "husband" I could see some points of similarity between what you say and what I understand, but not complete identity. I do not want to get involved in a row between you and Noreen, so I am not at this moment going to set out chapter and verse, but I would also suggest that the lady you assisted was likely to have had more rights under the ordinary law of inheritance than you seem to say, and also would have had rights under the Inheritance (Provision for Family and Dependants) Act.

I am reasonably sure that the law of inheritance generally treats illegitimate children equally with legitimate ones, although I think there may be a difference affecting inherited titles.