A wife faces the prospect of her husband’s death. During their union he fathered twins with someone else; he supports them, their birth certificates list him as Dad, yet his spouse and marital children have never accepted them. Two homes are held in joint tenancy and the couple co-owns a thriving enterprise. She fears the twins—or their mother—will swoop in for a share. Can anything stop that?
Contents
1. First Principles: What the Law Actually Says
| Issue | Statutory Reality |
|---|---|
| Status of “outside” children | Since 1976 all sons and daughters, marital or otherwise, inherit on identical terms. Illegitimacy is a museum piece. |
| Minor dependants | Up to 18—and potentially 23 if still in higher education—children can claim maintenance from a deceased parent’s estate. |
| Joint tenancy | Normally the survivor takes the whole. But if joint ownership was created after the extra-marital birth, a court may reopen it to prevent disinheritance of minors. |
| Spouse of the deceased | The mother of the twins has no personal claim unless she was being supported herself. Her role is guardian of the minors’ interests. |
2. Where the Trouble Starts
- Sentiment vs statute: Emotional “erasure” of half-siblings carries zero legal weight.
- Timing of transfers: Assets shifted into joint names after the twins arrived can be clawed back if the court sees an attempt to sidestep their rights.
- Business equity: Sweat equity is admirable, but ownership on the books is what matters when an estate is divided.
3. Pre-Emptive Moves That Work
- Draft a precise will—yesterday. Spell out each child’s entitlement. Ambiguity equals litigation.
- Education or maintenance trusts. Lock away sums for school fees and living costs; appoint a neutral trustee to avoid family infighting.
- Outside-the-estate payouts. Life insurance or pension nominations can give the minors liquidity without touching jointly held property.
- Shareholders’ agreement for the business. Clarify buyout terms so operational control doesn’t freeze if heirs are under age.
- Family conversation. A 30-minute meeting now can save three years in the Supreme Court later.
4. The Price of Doing Nothing
- Administrator-General steps in. Government officers manage the estate, charge fees and liquidate assets—including the homes—if required.
- Dependants’ action. The twins’ guardian can sue for reasonable financial provision; success is almost guaranteed.
- Public spectacle. Court files become public record. The surviving family’s reputation can take collateral damage.
5. Strategic Takeaways for High-Net-Worth Families
- Equal inheritance is the floor, not the ceiling. You can give more, never less, to recognised offspring.
- Joint tenancy is not an impregnable bunker. Courts reorder ownership to protect minors.
- Planning beats post-mortem litigation every time. The legal spend to defend a poorly drafted estate can eclipse the cost of a solid plan by a factor of ten.
- Human capital counts. Integrating “extra” siblings early spares all children the trauma and expense of fighting later.
Bottom Line
The twins are not legal ghosts; they are heirs-in-waiting. Ignore them and the courts will not. A frank appraisal of the estate, followed by clear instruments—will, trusts, insurance—can preserve wealth, spare anguish and let every branch of the family tree stand without uprooting the rest.
