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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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My uncle died he left a will and someone has come forward

Customer Question

my uncle died he left a will and someone has come forward and said that he is his illegitimate son . my uncle is not on the birth certificate and we have an inconclusive DNA test and no one in the family has ever heard of him my uncle never mentioned him at all to anyone . if he takes this to court is he likely to win
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat was the actual DNA outcome?
Customer: replied 9 months ago.
The DNA was between my between the the person claiming to be my uncles son and my sister and myself which would make us cousins as there is no one closer and it came back as inconclusive as cousins
Expert:  Clare replied 9 months ago.
What other "evidence" has this person put forward?
Customer: replied 9 months ago.
He has to letters he says are from my uncle to his mother the first is in reply to a letter his mother wrote asking for his permission to tell him who his father is he would have been 13 at the time and my uncle replied it would be ok and the second my uncle is sending his mother the last and final payment for him at aged 16 . This man is now 63 and has done very well for himself he has a degree and works for a phamacitacal company .
Expert:  Clare replied 9 months ago.
For clarity - there is evidence that your uncle paid child maintenance for the child?
Customer: replied 9 months ago.
Yes it looks like he paid money for him up to the age of 16 but the letters don't look like my uncles hand writing and they look new if they were written in 1966 as he said they would look old but they don't
Expert:  Clare replied 9 months ago.
For clarityYour Uncle left a Will which made no reference to this person.There is no evidence that there has been any communication between them in the past and he was certainly not financially dependent on your Uncle in any wayis that correct?
Customer: replied 9 months ago.
Yes that's right he said he never met my uncle at all
Customer: replied 9 months ago.
Not sure if you got my last message but there is No evidence that they had any communication and he was not financial dependent on my uncle .
Expert:  Clare replied 9 months ago.
May I just check - did your Uncle live in Scotland or elsewhere in the UKHas this man said on what basis he believes he can challenge the Will
Customer: replied 9 months ago.
My uncle lived in East Sussex and this person says he had a poor start in life coming from a one parent family although he said he was happy but he also had an older brother and sister so not sure what happened to their father but when he left school he got a job and met his wife and then went on to get his degree and he also wants money for his adopted son and daughter aged 23 and25
Expert:  Clare replied 9 months ago.
The grounds on which a Will can be challenged are in fact limited.Assuming that your Uncle has Mental Capacity and was not subject to Undue Influence and there was no Fraud involved then the Will is valid.The "child" was in way financially reliant on your Uncle and the lack of any relationship between them means that it cannot be argued that he could have had any expectation of inheritance AND given that your Uncle was (apparently) aware of the existence of this child there is no argument that can be made that if your Uncle had known he would have made provision.The chances of this person making a successful claim are remote - however you may wish to offer a nuisance payment to him to make him go away!Please ask if you need further detailsClare

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