Does an ‘illegitimate’ child have a claim to her father’s estate? Her father died in 1966 intestate. My understanding is that she would only have had a claim if her father had died after 4 April 1969 which is when the Family Law Reform Act 1969 came into force which recognised rights of illegitimate children to succeed on their parent’s intestacy.
Might this act have operated retrospectively thus enabling her to claim?
Giles Van-Rees
Setfords
There is the possibility of a claim, which is based, I think, on the Human Rights Act rather than the Family Law Reform Act. Here is a STEP briefing note about how the claim of an adopted child was accepted:
I think the assumption is that the same treatment could now apply to an illegitimate child although this would go against the decision in the 2004 case of Upton. I recommend you get advice from counsel.
Paul Davies
Clarke Willmott LLP
That’s interesting - many thanks Paul
Giles Van-Rees
Setfords