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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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My brother died a few months ago. We lost the rest of our

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My brother died a few months ago. We lost the rest of our family over the last few years so I am his next of kin. He has a possible daughter, he believed she is his and a few months before he died we spoke about him making a will but he never got around to it. He told me he wanted to split his estate (its not big) between myself and his potential daughter with a small gift each to my children. I have spoken with her since the day he died about this and we had agreed I would go through probate and split as he had requested. On Friday I received a letter from a solicitor she has hired and been told to stop doing anything and that as his daughter she was taking everything. I just want clarification on where I stand. Im pretty sure if she is his daughter that I have no rights and it all will go to her but he is not on her birth certificate. Am I as administrator of the estate in a position to demand a DNA test. I know what my brother wanted, last year we buried my father and had to take my step mother to court (my father was told he had terminal cancer and she got him to marry her and change his will leaving her everything) after what we went through my brother told me thats why he was leaving me half of his money. I cant afford to hire a solicitor and Im pretty sure I dont have a leg to stand on but would like clarification before I give over control to her. KR's Jo
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Under no circumstances do you relinquish control of the estate to her. If your brother was uncertain if she was his daughter or not, you should be asking for proof from her that she is his daughter. It is for her to prove that she is, not for you to prove that she isn't.
Of course if he accepted her as his daughter then that is partial evidence but it is by no means conclusive. A DNA test would have to be done for conclusive proof. That would involve taking a DNA sample from her and any DNA that may still exist from your late brother, although, and you would have to check the science on this, a sample from you might suffice to prove a family connection.
I hope that helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

I was thinking that a sample from him would no longer be viable as they couldnt prove it was him, they would have to get one from me. Could you just clarify, do I legally have to give my dna - i am presuming they can order me to? and if it comes back positive do I have any grounds to contest as he left a verbal will which I have a witness for or does his verbal wishes stand for nothing?

Thank you for your help.

KR's

Expert:  JGM replied 1 year ago.
Legally you don't have to give your DNA. A verbal will stands for nothing I'm afraid. Your brother died intestate.
Customer: replied 1 year ago.

Sorry I promise this is the last querie , i dont think i asked correctly. If I dont give my DNA and she cannot then prove she is related what happens?

Expert:  JGM replied 1 year ago.
If she can't prove she is related then she can't claim the estate and it passes in accordance with the law of intestacy as if she didn't exist.
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