Q. My dad's will contains a clause gifting "£10,000 to each of my children". After having fathered me when he was very young (though he did not actually marry my mam) he went on to have 3 daughters with the woman he married. To complicate matters further, he also adopted his wife's son from a previous relationship. Can you tell me which of these children would be entitled to receive £10,000 form his estate?
A. A will can specify precisely what the term "children" means in which case you must refer to the appropriate clause in the will. However, I presume from your question that your father's will does not make this clear and therefore the law the statutory rules apply as follows.
Firstly, the three children from his marriage will be entitled to receive £10,000 each as they are all your dad's legitimate children. Turning to your position, no distinction is made between legitimate and illegitimate children and therefore you will also be regarded as his "child" for the purpose of his will and will be entitled to receive £10,000.
Furthermore, an adopted child is treated as being the legitimate child of the adopter from the date of adoption. Therefore, the adopted son will also qualify and he will also be entitled to receive £10,000 from your dad's estate. This would not have been the case, however, if he had not been adopted, as a stepchild is generally not treated as a step-parent's child.
For completeness sake, where children are born as a result of fertility treatment or surrogacy, detailed rules apply and expert guidance should be taken from our Wills and Probate department.
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Be Guided by the Experts.
