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Inheritance and dna

4 replies

Mo819 · 23/04/2023 16:04

Can someone help me with this please as my solicitor is useless.
My estranged father died 3 years ago intestate there are 3 children who are deffinatly his and one who dosnt have him in the birth certificate and has after several request from the solicitor not given his id or done a Dna test to prove parentage.
I have offered several times to do the test with him.
His mum told him he was not my dad's and told my dad he was not his for 30 odd years untill she found out he was dying and there was a property we would all really like to know.
My solicitor says that as excecuter I will have to hold his inheritance untill he provides proof the question I have is how long do I have to hold this for if he dosnt provide proof before I can distribute to the other beneficiaries?

OP posts:
Stemmingthetide · 24/04/2023 01:25

@Mo819 I hate to say this but I think you have to hold it until the DNA test is done. The 4th child can make a claim at any stage and would be entitled to their share.

Have you talked to the solicitor about holding back some of the estate for potential legal fees and paying the other 3 beneficiaries part of their inheritance?

prh47bridge · 24/04/2023 08:12

The time limit for a claim from someone purporting to be entitled to a share of the estate under a will or under intestacy rules is 12 years. If this individual continues to refuse to take a test, I'm afraid you will have to wait another 9 years before you can distribute his inheritance.

Soontobe60 · 24/04/2023 08:20

What’s his reason for not doing the test?
you can distribute the estate to the other beneficiaries, but they can only have 1/4 each. Maybe once you’ve done that it will prompt him into having the test in order to get his possible share!

Mo819 · 24/04/2023 11:26

Thank you for your replies I honestly don't know why he won't take the test he has said on many occasions he will and then just dosnt and cuts all contact with everyone includeing the solicitor. And yes I can distribute the rest of the estate I was just hoping to be done with it. Also is there a way to Forse his hand ?

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