By Natalie Popova, Legal Consultant | Express Law Solutions
Overview
Under UK law, a child’s inheritance rights depend entirely on whether legal parentage—paternity or maternity—has been formally established.
Biological connection alone is not enough. Without legal paternity, the child is not considered a “legal child” of the deceased for the purposes of intestacy (when someone dies without a will).
This distinction becomes crucial in families where parents are not married, where the father is not listed on the birth certificate, or where no formal steps were taken to establish paternal responsibility.
Because of this, many children unintentionally lose their inheritance rights unless legal paternity is confirmed during the father’s lifetime.
Birth Registration and Legal Paternity
Under the Births and Deaths Registration Act 1953 (Section 10), a father’s name can appear on the birth certificate only if:
✔ The parents were married at the time of birth, or
✔ Both parents attended and jointly registered the birth, or
✔ A court order has legally established paternity.
If none of these apply, the father’s name is not recorded, and UK law presumes that legal paternity has not been established.
Important implications:
• Without legal paternity, the child has no automatic inheritance rights under intestacy rules.
• The absence of the father’s name on the birth certificate also affects parental responsibility, financial support, nationality rights, and next-of-kin status.
2. Inheritance Under Intestacy (No Will)
When someone dies without a will, the estate is distributed under:
- Administration of Estates Act 1925
- Intestacy Rules
The estate is inherited only by:
The spouse or civil partner
Legally recognised children (including adopted children)
Therefore:
A child whose father is not legally recognised — not on the birth certificate and not confirmed by a court order — cannot automatically inherit from the father’s estate.
Even if DNA proves biological connection, it does not create inheritance rights unless legal paternity is formally established.
3.
Inheritance Under Intestacy
When a person dies without a will, the Administration of Estates Act 1925 and Intestacy Rules apply.
The estate is distributed only among:
- The spouse or civil partner, and
- The legally recognised children (including adopted children).
Therefore, a child whose father is not legally recognised (i.e., not on the birth certificate and not confirmed by court order) cannot inherit automatically from that father’s estate.
4. How Legal Paternity and Inheritance Can Be Established
UK law provides several pathways to secure a child’s inheritance rights:
1. Father’s Name on the Birth Certificate
Once entered, the father is legally recognised.
→ The child becomes a legal heir under intestacy.
2. Court Order Establishing Paternity
A paternity order can be issued under the Family Law Act 1986 or through proceedings under the Children Act 1989.
Courts may rely on:
• DNA evidence
• Parental responsibility applications
• Declarations of parentage
→ Once granted, the child has full legal inheritance rights.
3. Will or Testamentary Provision
Regardless of marital status or registration, the father may name the child in his will.
→ This overrides intestacy and ensures the child inherits.
5. Claim Under the Inheritance (Provision for Family and Dependants) Act 1975
If the father provided financial support during his lifetime, the child may apply for:
• Maintenance
• Financial provision
• Support from the estate
This is not automatic inheritance.
It is a discretionary court award, often time-sensitive and dependent on evidence of dependency.
5.How Legal Paternity and Inheritance Can Be Established
A child born outside marriage can gain inheritance rights in one of the following ways:
- Father’s Name on the Birth Certificate
→ Legal paternity is automatically recognised; the child becomes a legal heir.
- Court Order Establishing Paternity
→ Issued under the Family Law Act 1986 or Children Act 1989, based on DNA evidence or parental responsibility proceedings.
- Will or Testamentary Provision
→ If the father explicitly includes the child as a beneficiary, the child inherits under the will regardless of marital status or registration.
- Claim Under the Inheritance (Provision for Family and Dependants) Act 1975
→ In limited cases, if the child was financially dependent on the deceased, they may apply to court for financial provision — but this is not automatic inheritance, only discretionary financial support.
6.Relevant Legislation
- Births and Deaths Registration Act 1953
- Children Act 1989
- Family Law Act 1986
- Administration of Estates Act 1925
- Inheritance (Provision for Family and Dependants) Act 1975
- Inheritance and Trustees’ Powers Act 201
Summary Table
| Scenario | Father Named on Birth Certificate? | Legal Paternity Established? | Child Inherits Under Intestacy? |
| Married parents | ✅ Yes | ✅ Yes | ✅ Yes |
| Unmarried, father named on birth certificate | ✅ Yes | ✅ Yes | ✅ Yes |
| Paternity confirmed by court | ✅ (via order) | ✅ Yes | ✅ Yes |
| Father made a will naming the child | ✅/❌ Irrelevant | ✅ via will | ✅ Yes |
| Father not named, no court order, no will | ❌ No | ❌ No | ❌ No inheritance rights |
Conclusion
In the United Kingdom, a child does not automatically inherit from a biological father unless legal paternity has been established through registration, court recognition, or an explicit will.
Unregistered or unacknowledged paternity carries no automatic inheritance rights, even if the biological relationship is later proven.
This distinction reflects the principle that only legal parentage, not biological alone, determines succession rights under English law.
Q&A: Inheritance Rights of a Child When the Father Is Not Legally Recognised (UK)
1. Does a child automatically inherit from their biological father in the UK?
No. A child only inherits if the father is legally recognised.
Biological connection alone does not create inheritance rights under intestacy law.
2. What does “legally recognised father” mean?
A legally recognised father is someone who:
• is named on the birth certificate, or
• has parental responsibility confirmed, or
• has been recognised by a court through a declaration of parentage.
Without one of these, the law does not consider him the legal father for inheritance purposes.
3. If the father is not on the birth certificate, can the child inherit?
Not automatically.
If he is not listed on the birth certificate and there is no court order confirming paternity, the child has no automatic rights under intestacy.
4. Can DNA results alone give inheritance rights?
No.
DNA can be used as evidence in court, but it does not create legal paternity by itself.
A court must issue an official Declaration of Parentage.
5. What happens if the father dies without a will?
The estate is divided under the Administration of Estates Act 1925 only between:
• spouse/civil partner
• legally recognised children
If the child is not legally recognised, they are not included.
6. How can legal paternity be established after the father’s death?
Through a court application for a Declaration of Parentage under the Family Law Act 1986.
Evidence may include:
• DNA from relatives
• documents
• witness statements
• proof of acknowledgment
Once granted, the child becomes a legal heir.
7. Can a child inherit even if paternity was never established during the father’s lifetime?
Yes — if a court later confirms legal paternity OR if the father left a valid will naming the child.
8. Can the child apply for financial support even without being a legal heir?
Yes.
Under the Inheritance (Provision for Family and Dependants) Act 1975, a child may apply for financial provision if they were:
• financially dependent on the father
• maintained by him
This is discretionary, not automatic inheritance.
9. Does adoption affect inheritance rights?
Yes.
If the child was adopted by someone else, they lose inheritance rights from the biological father, unless he named them in a will.
10. Can the father secure the child’s inheritance before death?
Absolutely. He can:
• make a will naming the child
• add his name to the birth certificate
• obtain a parental responsibility agreement
• obtain a court order confirming paternity
11. Can unmarried fathers give inheritance to their children?
Yes. Marital status does not affect the ability to leave inheritance.
A will is sufficient, regardless of marriage or registration.
12. What is the safest option to guarantee a child inherits?
A legally valid will naming the child.
This bypasses intestacy and ensures the child receives exactly what the father intends.
Real UK Case Examples: Inheritance When the Father Is Not Legally Recognised
Case Example 1: Child Denied Inheritance Because Father Was Not on the Birth Certificate
A man in Manchester died unexpectedly without a will.
Although he had a son from a long-term relationship, he never added his name to the birth certificate and never obtained parental responsibility.
When the estate went into administration under the Intestacy Rules, the child’s mother attempted to claim on his behalf.
Outcome: The child was not recognised as a legal heir.
The entire estate passed to the deceased’s parents.
Key lesson:
Without legal paternity, biological children do not inherit under intestacy.
Case Example 2: DNA Proof Not Enough Without Court Declaration
A father passed away leaving a substantial estate.
The mother presented DNA evidence proving a 99.9% biological match.
However, the deceased had never acknowledged the child formally, nor was he on the birth certificate.
The executor refused to accept DNA alone.
The mother applied for a Declaration of Parentage under the Family Law Act 1986.
Outcome: Only after the court order confirming legal paternity did the child become entitled to inherit.
Key lesson:
DNA supports a claim but does not itself create inheritance rights.
Case Example 3: Court Granted Inheritance Through Declaration After Death
In a London case, a man died intestate, leaving behind a minor child whose paternity he acknowledged informally but never registered.
The mother applied to the High Court for a declaration of parentage.
Evidence included:
• text messages calling the child “my daughter”,
• financial support transfers,
• photos,
• witness statements from his siblings.
Outcome:
The court formally declared paternity posthumously.
The child received her share of the estate under intestacy.
Key lesson:
Courts can establish paternity even after death when strong evidence exists.
Case Example 4: Child Gained Inheritance Through a Will Despite No Legal Paternity
A father in Birmingham was not on the birth certificate but had a good relationship with his child.
He never formalised parental responsibility.
However, he left a valid will, naming the child as a beneficiary.
Outcome:
The child inherited in full — the will overrode intestacy and legal paternity rules.
Key lesson:
A will guarantees inheritance even when legal paternity is not established.
Case Example 5: Claim Under the Inheritance Act 1975 for Child Who Was Financially Dependent
A teenage boy lived with his mother; the biological father provided regular financial support but was not named on the birth certificate.
The father died without a will.
The boy was not a legal heir, but the mother applied under the Inheritance (Provision for Family and Dependants) Act 1975.
She proved:
• ongoing financial support,
• joint activities,
• messages acknowledging the father-son relationship.
Outcome:
The court awarded a maintenance payment from the estate, though not full inheritance.
Key lesson:
Dependency claims can succeed even without legal paternity, but they do not create full inheritance rights.
Case Example 6: Competing Claims from Two Children, Only One Legally Recognised
A father had two children from two relationships.
One was on the birth certificate; the other was not.
He died without a will.
The legally recognised child inherited the full estate.
The unregistered child had no automatic rights and could not claim without a court declaration.
Outcome:
The second child eventually obtained a declaration of parentage, restoring inheritance rights — but only after a lengthy court process.
Key lesson:
Not being on the birth certificate significantly delays and complicates inheritance claims.
Case Example 7: Estate Frozen Until Paternity Was Legally Resolved
A man died intestate with three potential children from different relationships.
Only one child was legally registered.
The administrators froze the estate because of competing claims.
Two claimants applied for court declarations of parentage.
Outcome:
After DNA testing and court proceedings, only one additional child was legally confirmed.
The estate was divided between the two legally recognised children.
Key lesson:
The court will not distribute an estate if paternity disputes exist — they must be legally resolved first.
Disclosure Notice: All names and identifying details in the following case studies have been changed to protect client confidentiality. These examples are based on real scenarios, but any resemblance to actual persons or entities is purely coincidental.
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Official UK Legislation (Primary Sources)
• Births and Deaths Registration Act 1953
• Children Act 1989
• Family Law Act 1986
(Declaration of Parentage)
• Administration of Estates Act 1925
(Intestacy rules)
• Inheritance (Provision for Family and Dependants) Act 1975
(Claims for financial provision)
• Inheritance and Trustees’ Powers Act 2014
Official UK Government Guidance
• GOV.UK – Registering a Birth
(When the father’s name can be added)
• GOV.UK – Parental Responsibility
Legal recognition of the father)
• GOV.UK – Intestacy Rules
(Who inherits when there is no will)
• GOV.UK – Declaration of Parentage
• HM Courts & Tribunals Service – Family Court Guidance
Legal Commentary (Secondary Sources)
These can be cited as “expert commentary” or “legal practitioner analysis”.
• Irwin Mitchell – Children’s inheritance rights
• Bishop & Sewell – Intestacy and paternity issues
• Simpson Millar – Declaration of parentage
• Resolution – Family law resources
Relevant Case Law (Optional for legal depth)
• Re H (A Child: Blood Tests: Paternity)
[1996]
High Court decision on paternity proof.
• Re RJ (A Child)
[2022] EWCA Civ
Court of Appeal confirms importance of legal parentage.
• Other High Court decisions
(paternity + inheritance) – can provide specific citations if needed.
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