DNA test to qualify for a bequest?

thorsoak

Thank you all for your comments - I've copied them and emailed them to our friend - and he says thanks - and it has given him some clarity - what that clarity is, I do not know - if he tells me what he has decided, I'll pass the information on - but knowing him, I'm not sure that he will tell us what is decided!

sevenhills

Manxman_in_exile said:

Having said that, I can't see any reason why the OP's friend couldn't make any bequest to this particular "grandchild" conditional on a DNA test.

I have recently done 2 DNA tests for family history and genealogy reasons. You can send people a 'gift' DNA test. The cost would be around £70

TBagpuss

He needs to be careful how the will is worded - it is is 'to each of my grandchildren' or 'to be divided between my grandchildren' then it would include this young man, as he is legally the child of the man named on his birth certificate.

So if he wishes to exclude him then he needs to either name all of the grandchildren he wasn't to include, expressly exclude this one or word it to include the named grandchildren plus any more born after the date of the will (and make sure that he has a side letter or clear notes with the solicitor that he knew about nd expressly decided to exclude the other grandchild, to avoid any risk of issues about whether he just forgot him or was unaware of him) 

While in theory it would be possible to make a conditional gift subject to a DNA test, it opens a huge can of worms so he may be better advised to think about either choosing to exclude this young man on the basis that he has no relationship with any of the, or include them on the basis that he is legally their grandchild. (perhaps also bear in mind that whatever the mother's motives or actions were, the father could have chosen to pursue contact and try to make a relationship with his child, he didn't have to accept when she said she didn't want to stay in touch, and they only heard one side of the story. For all they know, the young man hasn't ben in touch because from his mother's and his own perspective, his father abandoned hos mother when she became pregnant and has made no effort to get in touch - why penalise him for not then getting in contact?

Spendless

Is he wanting the lad to have a DNA test  order for him to claim anything at all  he leaves him in a will or he's thinking of splitting whatever the value of his estate is at the time  equally between all the Grandkids?

Would he not consider leaving the bulk to his other Grandchildren and a smaller amount to this Grandson, not conditional on a DNA test.