Inheritance Rights for Illegitimate Children

If you’re wondering whether a child born outside of marriage can inherit, the short answer is yes—they have the same legal rights as any other child. Inheritance law can be confusing, and disputes can arise even when you think everything is clear.

Our experienced inheritance dispute solicitors at Freeman Jones are here to guide you through the process and protect your family’s interests. Get in touch today to discuss your situation and understand your rights – call us on 01244 506 444 or email info@fjsolicitors.co.uk.

Do Illegitimate Children Have Inheritance Rights?

Yes, they do. Under the Family Law Reform Act 1987, illegitimate children are entitled to inherit from their deceased parent’s estate, provided they are recognised as the deceased’s child.

If the deceased did not leave a valid will (intestate), the estate is distributed according to the rules of intestacy. Typically, this means the estate passes to the deceased’s children, regardless of their parents’ marital status.

What About Non-Biological Children?

Non-biological children, such as stepchildren or foster children, may also have inheritance rights, but this depends on specific circumstances. Under the Inheritance (Provision for Family and Dependants) Act 1975, they can claim a share of the estate if:

They lived with the deceased for at least two years immediately before death.
They were treated as a child of the deceased.
They were maintained, either wholly or partly, by the deceased immediately before death.

If these conditions are met, non-biological children can apply for financial provision from the estate.

Protect Your Loved Ones and Estate

To ensure your estate is distributed according to your wishes and to prevent potential disputes, consider:

Creating a Will: Clearly outline your wishes regarding asset distribution.
Regularly Updating Your Will: Reflect any significant life changes, such as marriage, divorce, or the birth of children.
Seeking Legal Advice: Consult with a solicitor to understand the implications of your decisions.

Speak to an Inheritance Dispute Solicitor About Your Child’s Rights

If you have questions about inheritance rights or need assistance with estate planning, our experienced team at Freeman Jones Solicitors is here to help: