proof for inheritance

AM1103

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.

AM1103

Reading back over that, i realise its very scatty with info.

long and short of it is, what proof to i need to secure my inheritance when i have no direct DNA to my father, i have a Y chromosome test which links me to my fathers side of the family. My mothers relationship was very secretive, but there are some friends who can confirm my mums relationship went on for a number of years.

based in scotland and need to know how likely i am to secure my share of inheritance

Margot123

The link to your father's side of the family does not identify your birth father, just the line. Without a DNA test, I'm not sure you will get anywhere. Unless the sum is large, you may spend more pursuing it than you eventually receive.

Mojisola

Have you taken advice from a solicitor?

I found this which may be of interest -
http://www.journalonline.co.uk/Magazine/57-12/1011961.aspx

And this -
http://www.mwsolicitors.co.uk/news/litigation-dispute-news/431-paternity-tests-and-your-inheritance-rights

AM1103

Hey Guys

Thanks for the replys (ill check the links when im out of work and can access them) My lawyers advise is that he wants to get witnesses to confirm my mothers relationship with my Dad, thus ruling out that my mum was involved with any other males from the family. I have some of my mums close friends from back in the day and also my fathers brother who can confirm that my father confessed to seeing my mum (didnt confess to being my dad though) Will any of this stand up?

Also who is it that knocks back the claim for inheritence, is it the executor or their lawyer, or someone else?

Thanks again

lincroft1710

Another point that the other beneficiaries can argue (although I do not know if it has any legal relevance) is that as your father denied you were his biological child, it is highly probable he would not have wanted you to inherit any part of his estate

AM1103

Thats definitely a point, hopefully doesnt hold legal relevance for my sitution, but to be honest i dont think he would have wanted any of his biological children to have anything, and to be honest it hadnt came into my thought about putting a claim in, it was only when his brother said to me that i should, i definitely wouldnt have done it, or felt comfortable doing it, but at his insistance, and his basically saying im as entitled to the 2 sisters thats made me put in for it.

unforeseen

Would only possibly be relevant if there was a will

Intestacy takes no account of wishes/thoughts etc. Everything is clear cut

AM1103

In my instance though is anything but clear cut? Will a Y chromosome test linking me to the family and various affidavits from people including my fathers brother, all stating that my father was the only one in his family that was with my mum and that my mum was seeing him for a few years ( be it in secret, my father was a bit of a player) be enough to get me my share?

Also is it the executor knocking back my claim?

konark

Well there was that woman in Spain who claimed that Salvador Dali was her dad and she'd rather fancy some of his estate's brass. They dug the aforementioned surrealist up and did a full DNA test; turned out she wasn't his.

Apply to the courts to get your dad dug up and tested.

They didn't cremate him did they?

Oh and if he died intestate there's no executor

How did sister 1 get DNA proof?
As for sister 2, just being named on birth certificate does not prove he is the biological father.

Is your mum still alive? An affadavit from her might be worth pursuing.

AM1103

He was cremated.

Sister 1 apparently applied to be executor and seems to be calling shots.

Sister 1 her mum chased Dad through courts for CSA so he was forced to do it.

Sister 2 no DNA but he is on the birth certificated and acknowledged her as his daughter (gave her away at wedding)

Sister was asked by me to give DNA and i was told no, which i guess is her right, but im guessing she's thinking of more money for herself.

My mums still alive. My lawyer was looking for more than just her, and I've got a few people giving statements, but its really to see if anyone knows if this works or does it need to get dragged to court.