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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have had a phone call from a 39 year old girl that claims

Resolved Question:

I have had a phone call from a 39 year old girl that claims my husband is her father ,my husband was her mums boyfriend 39 year ago long before I met him & did have unprotected sex so there is a possibility she has no contact for her mother whom my husband wants to speak to all the family in state of shock so would be grateful for advice on this matter or legal what could be done to me my husband had no idea thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
is there any reason NOT to do a DNA test if the woman pays for it?
Clare
Customer: replied 2 years ago.
No but he is still in state of shock & before he does that he wants to know what she could demand of him for the past 39year if he is &asked about legal sex age in Ireland South as not sure how old mum was husband thinks around same age or older but in case she may ask for money even though he did not know thanks .
Expert:  Clare replied 2 years ago.
Hi
Which country does the 39 year old live in?
Clare
Customer: replied 2 years ago.
She lives in Southern Ireland also
Expert:  Clare replied 2 years ago.
Hi Breeda.
Since your husband is living in the UK the woman could apply to the court here for a Declaration of Parentage and force a DNA test - if your husband refused the test it would be assumed that he was the father
In neither country can there be any claim for "retrospective maintenance" - but if she is his daughter please make sure that he has a current Will in place as under the intestacy laws she would have a claim on the estate - easily avoided by a properly drafted Will
The Age of Consent in Eire at the time was 17 for both sexes - but it is highly unlikely that any action would be taken now
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare thank you for that information regarding the will that would be if my husband die & we had no will in place that she could claim her share if DNA was done & he was the dad is this what you mean, if the will is in place before DNA &Ashe is not in it can she still claim part of his estate if she were his daughter but not in the will thanks
Expert:  Clare replied 2 years ago.
Hi
Provided there is a Will in place before he dies it does not matter when it is made.
If there is no Will then the INtestacy Rules apply which does involve children - which is why he needs to make the Will
Clare
Customer: replied 2 years ago.
If the will is in place & she is his daughter & he has not put her in the will what can she do ??
Expert:  Clare replied 2 years ago.
Hi
Nothing at all - she has no financial claim on him
Only if he dies intestate is there a problem
Clare
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