Illegitimate son inherits country estate

If you’ve ever wondered if an illegitimate child can claim inheritance in the UK here’s a story that will be of interest to you.

A DNA test proved that Jordan Adlard Rogers was a child of Charles Rogers (deceased) and therefore his heir. 

In another case involving illegitimate minors from 2018, the High Court awarded a significant sum for reasonable financial provision to the children of Malkiat Singh Ubbi under the Inheritance Act 1975.

Can a child born outside of marriage claim an inheritance in the UK?

Yes, absolutely. For the purposes of inheritance, modern UK law does not distinguish between children born inside or outside of marriage. The old concept of “illegitimacy” has no bearing on a child’s right to inherit from their parents.

The position is straightforward:

• If there is a Will: A child can inherit if they are named in their parent’s Will, regardless of their parents’ marital status.
• If there is no Will (Intestacy): When a parent dies without a Will, their children are entitled to inherit under the rules of intestacy. These rules apply equally to all biological children.
• If left out of a Will: A child who has been left out of a parent’s Will may still be able to make a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975.

As the case discussed in this article powerfully demonstrates, the key factor is proving parentage, not the marital status of the parents.

Illegitimate children have the same right to benefit from their parents’ estates as children born of the parents’ marriage if the parent has not made a will.   

Where the parent has written a will giving the estate to his or her “children”, anyone who can prove they are a child will inherit. 

Where only the legitimate children are named in a will as beneficiaries, an illegitimate child may claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975.  

They may well have to prove their entitlement to apply under the Act by a DNA test.   And the success of the claim will depend on their circumstances, the size of the estate, the financial situation of the beneficiaries and other factors such as whether there was a relationship between the parent and the applicant.

A former care worker has inherited a manor house after a DNA test proved he was the heir to a country estate.