Sibling estate dispute (scotland)

Yorkshireman99

Mrgee wrote: »

Sorry for late replys...she has proved it aparantly showed a birth certificate and that was enough

Possession of a birth certificate proves nothing as the wording on it states. Anyone can obtain a copy of any birth certificate likewise a marriage or death certificate. Further evidence is required that the person is the one named on the certificate. The "daughter" needs to prove who she is beyond reasonable doubt to substantiate any claim.

Mojisola

Mrgee wrote: »

now this a part of my dads life i dont know too much about as he remarried to someone from england when me and my siblings were very young and we never seen much of him at that time (maybe once a month)and as he was very complex & secretive about this part of his life me

my brother and sister believed what he had told us that the so called half sister was his wifes daughter

i knew she existed but always beleved she was the ex wifes daughter

If a child is born to a married couple, there is a presumption that the husband is the father of the child and his name can be put on the birth certificate.

If you have any doubts that this woman was not fathered by your father, you could request a dna test to confirm the paternity.

If she is trying it on, that may be enough for her to back down.

If she genuinely believes that he was her father, she will consent to a test which will prove things one way or another.

securityguy

"If you have any doubts that this woman was not fathered by your father, you could request a dna test to confirm the paternity."

You could, but you would need to figure out what you were trying to do.

Children born to the wife during the marriage (even in the first eight months) are legally the child of the husband, and a subsequent DNA test doesn't change that, particularly post-mortem. It's possible that a DNA test might be a factor in a child arrangements order, or a child maintenance order, in the aftermath of a divorce. But after the death of the husband, it's perfectly reasonable to say "but he knew anyway, and didn't care" or "had he known he wouldn't have cared", and usually that's true anyway.

If a child is born to a married couple, and the husband is dead, then a DNA test showing the child is not the husband's child does not alter the legal position in the absence of other (extremely unusual) circumstances.

"If she genuinely believes that he was her father, she will consent to a test which will prove things one way or another."

Prove what? All that matters is the name of the father on her birth certificate or, occasionally, the date on her birth certificate and the date on her parents' wedding marriage and then whatever (death certificates, decree nisi, etc) dissolved the marriage. DNA doesn't alter this. Or are you saying that, for example, children born by sperm donation have to be adopted by the husband of the woman that gives birth to them?