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  • FIRST POST
    • AM1103
    • By AM1103 27th Sep 17, 5:45 PM
    • 23Posts
    • 2Thanks
    AM1103
    proof for inheritance
    • #1
    • 27th Sep 17, 5:45 PM
    proof for inheritance 27th Sep 17 at 5:45 PM
    Hi there

    Looking for some real peoples experiences and advice as im a bit jaded with lawyers, ill try be brief but to the point.

    Im being edged out of my fathers estate, and need advise to see if i will be able to secure my share, hopefully without too much stress

    I am essentially one of 3 estranged children, all 3 of us come from different mothers. our father took nothing to do with any of us, and had no will, so the 3 of us should get a 3rd, but the sister who is the executor seems to be nudging me out.

    That sister has direct DNA proof, sister 2 is listed on the birth certificate, and i have neither. My father denied i was his.

    Sister who is the executor is denying me a DNA test with her. I've had a Y chromosome with my fathers brother, which confirms to me i am my fathers son, but the executor is in rightly stating this doesnt proof im my fathers.

    My fathers relationship with my mum was very secretive, so very few people knew. My lawyer is getting me to get people who knew to give statements, and is hopeful this will be enough.


    So basically im looking for info on what i need to do/ likely outcome of this. Im in scotland (if that has any bearing on the situation)

    I can give more details if needed

    Thanks.
Page 2
    • lincroft1710
    • By lincroft1710 28th Sep 17, 5:46 PM
    • 10,362 Posts
    • 8,494 Thanks
    lincroft1710
    How much is the estate worth?
    • AM1103
    • By AM1103 28th Sep 17, 5:49 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    not sure, as being kept in the dark as my sister has told our fathers brother that im now ''out of the equation'' but there is a property which is valued in my opinion at least £170k, and there will definitely be other stuff, so probably around £200k with the house.
    • konark
    • By konark 30th Sep 17, 6:41 PM
    • 977 Posts
    • 760 Thanks
    konark
    It looks like you're going to have to get legal on this one, to get youself 'back in the equation'.

    First check that sister 1 is the actual administrator appointed by the court of probate and not just someone who has taken it upon themselves to help themselves to a relatives estate. Luckily as the main asset seems to be a house she will need 'probate' to sell it, so she can't just salt it away like cash.

    If this gets to court you have some primae facie evidence that this man is your father and the judge will wish to make certain you are. Your 'sisters' obstructing your attempts to prove this by refusing DNA tests will not go down well with the court and they may order your sisters to either do such tests or accept your claim..
    • AM1103
    • By AM1103 4th Dec 17, 2:14 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    so latest update.

    I have done a DNA test with the 'good sister' and its came back as a match, so its confirmed that we are half siblings.

    I have messaged the sister who seems to be trying to nudge me out, and updated her with the outcome of the DNA test with our other sister. Her response seemed less than enthusiastic, and says she will contact her lawyer to see 'what it means'

    Now that i have this DNA test, my claim cannot possibly be rejected?

    Also if my claim is accepted, does that mean i can request info on everything so far ie, everything thats involved with the estate?
    • Margot123
    • By Margot123 4th Dec 17, 2:31 PM
    • 659 Posts
    • 671 Thanks
    Margot123
    Thanks for the update AM1103.

    Would the DNA test result be admissible in Court, do you know? Some are accepted as evidence, some are not but I guess you must have already checked that.
    • AM1103
    • By AM1103 4th Dec 17, 2:34 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    The DNA test was done through a government accredited lab, it was also done to their standard which is acceptable in court (They sent one of their employees out to collect the samples from me and my sister) So as far as that goes , its all above board. Im just trying to prepare myself as to what the other sister will come back with next.
    • Yorkshireman99
    • By Yorkshireman99 4th Dec 17, 3:15 PM
    • 3,683 Posts
    • 3,005 Thanks
    Yorkshireman99
    The DNA test was done through a government accredited lab, it was also done to their standard which is acceptable in court (They sent one of their employees out to collect the samples from me and my sister) So as far as that goes , its all above board. Im just trying to prepare myself as to what the other sister will come back with next.
    Originally posted by AM1103
    Sounds like you have a very strong case. You need to keep the pressure up and don't allow yourself to be fobbed off.
    • AM1103
    • By AM1103 4th Dec 17, 3:32 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    Can they realistically fob it off? Obviously im totally oblivious as to how all this works. But as you said im sure my case is undeniable? As well as a DNA test with my half sister, i had a Y chromosome test done with my fathers brother which was a match. Realistically it will go to court if it needs to, but i'd struggle to see how a judge wouldnt rule in my favour ( i get i could be being naive) And if it goes to court and it does go my way, am i right in saying the sister would need to pay my legal fees? Or if i lose i'd need to pay hers?
    Last edited by AM1103; 04-12-2017 at 3:37 PM. Reason: spelling
    • newatc
    • By newatc 4th Dec 17, 4:32 PM
    • 166 Posts
    • 185 Thanks
    newatc
    Is it worth preventing the "executor" selling the house by taking legal action, that would concentrate minds on sorting it out properly.
    • Jenniefour
    • By Jenniefour 4th Dec 17, 4:41 PM
    • 1,308 Posts
    • 1,418 Thanks
    Jenniefour
    Possibly a good idea to get back to your solicitor, if you already have one. This, on the face of it, looks like a case where it's in everyone's interest's to reach agreement without going to court. A letter from your solicitor would be a starting point.
    • AM1103
    • By AM1103 4th Dec 17, 4:43 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    im guessing down the line it could be something.

    at this stage what im looking for is, what sort of stuff is she going to say or do to try and keep me out the picture,

    will she ignore my test? Will she try and say its no good? will she insist that only a DNA test with her will do? (keep in mind she refused to be involved with that) Will she simply say ill need to take her to court to be part of this?

    Just looking for ideas just now of how this next step will be. Obviously once my lawyer contacts her lawyer ill know, but with how slow its going that could be a week or more, so just trying to pre-empt what could happen next. Still appreciate everyones opinion whos posted so far as well.
    • Yorkshireman99
    • By Yorkshireman99 4th Dec 17, 4:59 PM
    • 3,683 Posts
    • 3,005 Thanks
    Yorkshireman99
    im guessing down the line it could be something.

    at this stage what im looking for is, what sort of stuff is she going to say or do to try and keep me out the picture,

    will she ignore my test? Will she try and say its no good? will she insist that only a DNA test with her will do? (keep in mind she refused to be involved with that) Will she simply say ill need to take her to court to be part of this?

    Just looking for ideas just now of how this next step will be. Obviously once my lawyer contacts her lawyer ill know, but with how slow its going that could be a week or more, so just trying to pre-empt what could happen next. Still appreciate everyones opinion whos posted so far as well.
    Originally posted by AM1103
    Nobody can tell! Just keep calm and be patient. Nothing to do with probate goes quickly!
    • AM1103
    • By AM1103 4th Dec 17, 5:26 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    just looking for ideas on how this could swing, no harm in getting prepared. and my dads been dead 7 months as well.
    • Jenniefour
    • By Jenniefour 4th Dec 17, 6:08 PM
    • 1,308 Posts
    • 1,418 Thanks
    Jenniefour
    You need legal advice, no-one can tell how this might go.
    • Keep pedalling
    • By Keep pedalling 4th Dec 17, 9:10 PM
    • 4,512 Posts
    • 4,943 Thanks
    Keep pedalling
    Has your solicitor placed a caveat to prevent the confirmation process from completing?
    • AM1103
    • By AM1103 5th Dec 17, 9:37 AM
    • 23 Posts
    • 2 Thanks
    AM1103
    While i appreciate that i need legal advise (i have stated that i have a lawyer) and i also appreciate that no one knows how this will go, as stated i am just looking for a friendly conversation on peoples experiences on similar matters, and perhaps people who have been on the opposite end, and what sort of stuff can get used against people in my situation. Im not trying to pin anyone down, or force people into giving correct info, its merely a conversation, some food for thought for myself.

    So again i appreciate people who are contributing, and hopefully can hear more from people with similar experiences.
    • Gingernutty
    • By Gingernutty 5th Dec 17, 11:13 AM
    • 3,480 Posts
    • 10,489 Thanks
    Gingernutty
    Would a caveat be worth pursuing?

    Again, proper legal advice is worth a lot more than the opinions and memories of a bunch of random strangers on the Interweb.

    https://www.lawontheweb.co.uk/personal/contested-wills
    Don't know what I'm doing, but doing it anyway...
    • AM1103
    • By AM1103 5th Dec 17, 12:01 PM
    • 23 Posts
    • 2 Thanks
    AM1103
    im guessing it will be worth persuing should the sister not accept now the legal DNA test.

    Im guessing my question should really be, what other things could the sister try and using to nudge me out?
    • Gers
    • By Gers 11th Jan 18, 10:12 AM
    • 6,078 Posts
    • 37,214 Thanks
    Gers
    Just seen this thread.

    It Scotland children have legal rights and cannot be disinherited from what's called 'moveable goods'. Imagine turning the house upside down and shaking, everything which falls to the ground plus cash in accounts is 'moveable goods'. It's perhaps too simple an analogy but works for me.

    https://www.redstonewills.com/news/item/what-are-my-legal-rights-in-scotland explains more.
    • Yorkshireman99
    • By Yorkshireman99 11th Jan 18, 1:06 PM
    • 3,683 Posts
    • 3,005 Thanks
    Yorkshireman99
    Just seen this thread.

    It Scotland children have legal rights and cannot be disinherited from what's called 'moveable goods'. Imagine turning the house upside down and shaking, everything which falls to the ground plus cash in accounts is 'moveable goods'. It's perhaps too simple an analogy but works for me.

    https://www.redstonewills.com/news/item/what-are-my-legal-rights-in-scotland explains more.
    Originally posted by Gers
    You realy need to ask your solicitor and press him to take urgent action.
    Last edited by Yorkshireman99; 11-01-2018 at 5:06 PM.
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