Intestacy - father not named on birth certificate


(Paula Hopkins) #1

I am dealing with an estate where the deceased (an only child born 1944) died unmarried and without issue. Parents are deceased but there are uncles, aunts and cousins on the deceased’s mother’s side. However the father’s name is not shown on the birth certificate and the family say she never had any contact with her father and his identity was unknown.

Am I right in thinking the father and his descendants are regarding as all being predeceased and can be ignored? Are there any additional steps that should be taken to protect the personal representatives?

Paula Hopkins
Wilkins Solicitors


#2

You are quite right that the absence of a named father on the birth certificate of an intestate whose parents did not marry will lead to the father (and any person related through him) being regarded as having predeceased the intestate child.

This is however a presumption and so may be rebutted. Very unlikely it would seem for a war baby.

If rebutted however, then next in line to benefit would be the father himself and if not any half-siblings by the father. Thereafter then lines through both paternal and maternal uncles and aunts would come into play.

Missing beneficiary indemnity insurance would likely prove the most convenient safeguard for the personal representatives and any insurer would specify their requirements.

mark walker
Anglolex Ltd.


(angliaresearch) #3

I agree with what Mark says, the presumption can easily be rebutted by any suitable evidence that may be produced. For example, a baptismal certificate that names the father.
Obtaining a Missing Beneficiary Indemnity insurance policy would provide a solution to the problem.

Phil Turvey
Anglia Research Services