Family provision claims—children and those treated as children
Family provision claims—children and those treated as children

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Family provision claims—children and those treated as children
  • Child of the deceased
  • Child of the family
  • Specific factors to which the court is to have regard
  • Adult children

Child of the deceased

Definition

A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975).

I(PFD)A 1975, s 25(1) defines a child as including an illegitimate child and a child en ventre sa mere (ie in the womb) at the date of death of the deceased.

The definition of a child includes an adult and/or married child.

A child of the deceased?

There may be issues concerning whether the child is a child of the deceased.

Under the Human Fertilisation and Embryology Act 2008 (HFEA 2008), the general position is that if a child is carried by a woman as a result of placing an embryo in her or sperm and eggs or artificial insemination and at that time:

  1. the woman is married and the embryo was not brought about with the sperm of her husband, he is treated as the father unless it is shown that he did not consent to the creation of the child

  2. this was brought about by treatment services provided to her and a man, and the embryo was not brought about with the sperm of that man, then he is treated as the father of the child

  3. this was brought about by treatment services provided for to her and her civil partner, or