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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Uk law question on paternity. , My Mother died when

Customer Question

Uk law question on paternity.
Hello, My Mother died when I was 12 years old (I am now 42) and was brought up by my Grandparents and my Uncles and aunts.
I was never told who my father was and was led to believe that it was not known.
Last Thursday night ,I received a phone call from one of my two uncles who advised me of my father's name together with the news that he had died a few days before. His funeral is on Wed 1st July.
I was told that his identity had been kept secret from me due to my Mother's dying wishes not to be told.
It would appear that her reasoning was based on keeping me in her immediate family at such a young age but the uncles and aunts decided not to release that information to me whilst he was alive.
I seek advice on how to proceed with positive identification of my natural father and if I have to do anything now to secure a DNA sample prior to his cremation on Wednesday next.
Thanks Sarah Parkinson
Submitted: 2 years ago.
Category: 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.
May I ask why you wish to do this - and does this man have any other children?
Clare
Customer: replied 2 years ago.

Since I can remember I have always had a desire that I can not explain, to know who he was. After my Mother died I always promised myself when I was old enough I would try to find him. When I was 18 I tried to find out who he was then, to no avail. I felt quite desolate at the fact that I would never be able to find him.


Over the years one of my uncles has denied any knowledge when the matter came up too. Although I did find out around 10 to 15 years ago that he did know but point blank refused to tell me because apparently he had made a promise to my mum not tell me. But after he and my other uncle saw his death in the papers he decided he would not then be breaking his promise and that I now had a right to know.


I feel my uncles have somewhat robbed me of the opportunity of me meeting this man to find out about him and to clarify if this his him or not. Which is why I need to know so that maybe I myself can finally find out a little about who he was as a person, not to mention genetic health problems and also that I may also put some rest within my own soul about my parentage.


As far as I am aware from the obituary in the paper and from one my uncles he has no other known children.


It has been suggested to me that I should also want to know if I would be entitled to a share of his estate if it proves to be that he left a will not knowing of my existence.


But first and foremost I need to know if this man is my biological father and from what I have read dna would be easier to obtain before he is cremeated.


Expert:  Clare replied 2 years ago.
Hi
Was he married - is there any indication of who is organising the funeral?
Clare
Customer: replied 2 years ago.

Hi Clare

No appently he never married and the news paper says he leaves behind to sisters only.

Sarah

Expert:  Clare replied 2 years ago.
Hi
Have you considered contacting them?
Clare
Customer: replied 2 years ago.

I have no details for them, the paper just gives there Christian names no surnames or any other detail. Plus I am working in Portugal at present so that makes things a trifle difficult for personal investigation

Expert:  Clare replied 2 years ago.
Hi
It is technically possible (but expensive) for you to issue an urgent applictaion tomorrow for a
Declaration of Parentage - and at the same time make an emergency application for the Cremation to be stopped until a decision is made as to whether or not there shoudl be a DNA test
Since you are not in the UK you will need to instruct solicitors to deal with the matter for you.
I suggest that you find a large litigation firm in the nearest large town to the place where the funeral will take place
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Which firm would you recommend in Leeds?

Thanks

Sarah

Expert:  Clare replied 2 years ago.
HI
I do not know any personally - but these are the firms I would try if it were me
http://www.stowefamilylaw.co.uk/divorce-solicitors-leeds/?gclid=CjwKEAjwtr6sBRDv7uzB492H9XISJADj6aqbyzjDyB94OUb_3KFFofUrh3yXzvSvIbH0NZJt0ilEZRoCsx_w_wcB
http://www.irwinmitchell.com/our-offices/united-kingdom/leeds
Clare
Customer: replied 2 years ago.

Can I just ask when you say expensive are we talking hundreds or thousands?

Expert:  Clare replied 2 years ago.
Hi
The solicitors will probably ask for £1000 up front - certainly £500.
It will cost more than that - how much more depends on the family reaction
Clare