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proof for inheritance

13

Comments

  • AM1103
    AM1103 Posts: 23 Forumite
    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
    konark Posts: 1,260 Forumite
    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
    AM1103 Posts: 23 Forumite
    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
    Margot123 Posts: 1,116 Forumite
    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
    AM1103 Posts: 23 Forumite
    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.
  • AM1103 wrote: »
    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.
    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
    AM1103 Posts: 23 Forumite
    edited 4 December 2017 at 3:37PM
    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?
  • newatc
    newatc Posts: 904 Forumite
    Eighth Anniversary 500 Posts Name Dropper
    Is it worth preventing the "executor" selling the house by taking legal action, that would concentrate minds on sorting it out properly.
  • Jenniefour
    Jenniefour Posts: 1,396 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    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
    AM1103 Posts: 23 Forumite
    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.
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