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estranged fathers will

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jesper251 View Drop Down
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Joined: 10/January/2018
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  Quote jesper251 Quote  Post ReplyReply Direct Link To This Post Topic: estranged fathers will
    Posted: 10/January/2018 at 11:00
HI there

I just wanted to ask a quick question not sure if its a simple answer.

My father hasn't been present in my life at all and provided no financial aid to my mum to assist my upbringing etc. I have been told that its too late now (I am 37) to try and get money for my mum from him. I was just pondering however that in the even of his passing would I have legal claim to request a portion of his will even though I would not be on the will. I am his only child and he is currently in a de facto relationship but no other children.

Would I have any grounds or would all property go to his partner in the event of his passing?

Thanks for your valuable time
Cheers

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 10/January/2018 at 12:02
As an adult you would need to show that he has been supporting you in some way to have any chance of contesting his will.

However as he is still alive why not make contact, you have no idea about the real reason he left your mother, and in any case that is irrelevant. However if you make contact and give him the respect any father deserves from their child, regardless of circumstances, you may feel better about him, and he you and he may eventually include you in his will.

jesper251 View Drop Down
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  Quote jesper251 Quote  Post ReplyReply Direct Link To This Post Posted: 10/January/2018 at 12:35
That's the point though that he has NOT been supporting me or my mum in anyway what so ever. So contesting his will I considered might be a way to look for compensation for no support over the years financial or otherwise. he has fathered a child and should be responsible in some way. My mum and I lived on very low income for most of my childhood.

I am close with my Uncle (His Brother) who has suggested to him that he should make contact with me but he has declined. I personally think that the father needs to instigate in the first place and not the child. I have children and I feel that the father should always be the one to initiate contact and attempt a dialogue.

but that aside relationships out of the picture, there is no legal foot i could stand on to ask for a portion of the will on the grounds of a lack of any support for raising me?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 10/January/2018 at 13:17
As unfair as it is, the law does not work that way. The time to seek child support is when the child needs support. Your mother had the option of pursuing him through the family at that time.

On that other point, why not be the big man and make contact, you really don't know the fine detail of why he left your mother (and it's not your business anyway), or whether he tried to make contact when you were a child but was blocked. Ball is in your court, as they say.

Read the cases here and you will see plenty of people who refuse to allow the other parent to see their child especially when they are not receiving child support or receiving what they believe is insufficient child support. Some parents just give up trying to see their child.

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