Probate disputes and DNA tests

Deoxyribonucleic acid (DNA) is the genetic code found in each of our body cells. It is unique to each individual and therefore serves as a genetic ‘fingerprint’.
DNA evidence is used frequently in criminal proceedings , but has also been used more recently in civil disputes. There has been widespread media coverage, for example, about Justin Bieber taking a ‘DNA test’ to confirm whether or not he is the father of Mariah Yeater’s baby. Justin Bieber vehemently denies the claim that he is the father, but taking such a test will be able to confirm whether or not he is correct. This will impact on whether he will become liable to for child support, but these claims could also extend beyond the grave.

DNA testing is becoming a popular means of resolving probate disputes by identifying family relationships. For example, problems could arise if a deceased died without leaving a will, which would mean that the estate passed under the Intestacy Rules which govern who benefits from an estate. Depending on the family set up, some or all of the estate may pass to the deceased’s children, but this division may be very different if someone comes forward claiming also to be a child of the deceased.

Even if the deceased had prepared a will, it may not prevent such problems. If a will is stated to leave all assets to ‘such of my children as shall be living at my death, ’ this opens up potential claims for people coming forward holding themselves out to be one of those children. This can be easily avoided without the delay and expense of a civil action. When a will is prepared the testator could name the beneficiaries they want to inherit or instead state that they should be ‘such of my children born from my wife/partner…’ Putting in a place a will that fully considers the testator’s personal circumstances is essential to ensure that estate passes to the intended beneficiaries, and mitigates against any potential future claims.

For more information about a disputed will or probate contact Jane MacLeod or Anthony Macey