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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son was tracked down by Estate Research - to confirm

Resolved Question:

Hello.
My son was tracked down by Estate Research - to confirm his Beneficiary status for the estate of my deceased ex husband. Documentation was provided and an advertisement was put in the Gazette regarding any other potential Beneficiaries. A brother and sister came forward but did not have any evidence. My deceased ex husband's family stated they did not believe they were biologically the deceased's and confirmed the deceased stated he only had a son and wanted him (my son) to receive any monies.
As no evidence could be provided, the Estate was released to my son - value approx. 27k and after paying out fees to Estate Research and solicitors, my son received approx 22k.
My son has subsequently been receiving letters from a solicitors who located his address and stated being employed by the 2 siblings alleging to be also related. They are requesting my son to have a DNA test, to which my son has not responded. He has now received another letter asking for a response within 10 days or they have been instructed to issue formal proceedings.
With an Estate this relatively small and no evidence of relation, could you possibly confirm whether my son is obliged by law to provide a DNA sample, how enforceable is this and would this be classed as a violation of his Human Rights please?
My son has recently come out of the Royal Marines, is nearly 28 years old and is currently feeling like he is being harassed.
Many thanks in advance
Michelle Hardware
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstI am sorry to ask - would a DNA test cause a problem
Customer: replied 1 year ago.
Sorry, the page disappeared.
My son has been informed that his deceased father was with the brother and sister's mother for a short while, is not trustworthy and is generally out for what she can get. My son only met the deceased shortly before his death and does not want to taint his memory. My son does not want to associate with the people who have come forward and simply does not want a DNA test.
Many thanks
Michelle
Customer: replied 1 year ago.
Hello again.
Sorry, did you get my further response?
Many thanks
Michelle
Expert:  Clare replied 1 year ago.
Sorry - it was my mistake.So these are meant to be half siblings of your son - not his father?
Customer: replied 1 year ago.
Allegedly, yes
Expert:  Clare replied 1 year ago.
What other family members are still alive?
Customer: replied 1 year ago.
The deceased's mother, brother and sister
Expert:  Clare replied 1 year ago.
Interesting - have they been approached at all?
Customer: replied 1 year ago.
Apparently, the mother of the 2 that came forward turned up at my ex mother in law's house being abusive and threatening. That's all I know. My son has never seen these people himself.
The brother and sister of the deceased are I believe half brother and sister.
Expert:  Clare replied 1 year ago.
If the two people involved apply to the Court for a Declaration of Parentage then it is posisble for the court to order a DNA test.I will be honest - if I was acting form them it would be the Grandmother I would be asking for the DNA from rather than your son as that would be a more reliable source.The real question is whether they will pay the money for a court applictaion and a DNA test - together nearly £1000 if not more.I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Ok thanks, ***** ***** scenario would the ordering of a DNA test be enforceable after the payout of a small Estate? The Estate Research and solicitors were satisfied my son was the sole Beneficiary after waiting a considerable time for any evidence. Isn't this classed as a breach of Human Rights and what if there was no money left?
Expert:  Clare replied 1 year ago.
In fact it is not linked to the Estate at all.It is a stand alone applictaion based on the fact that everyone is entitled to know who their biological parents are
Customer: replied 1 year ago.
I see. So could a Judge force my son to provide a DNA sample please? With regards ***** ***** if no money was left and if they were proven to be related, would any payment obligation be enforced onto my son please?
Customer: replied 1 year ago.
Please refer to my question then please.
Many thanks
Expert:  Clare replied 1 year ago.
Are you sure you wish to pay extra for a phone call?The Judge could certainly Order it and if your son refused then the Judge could simply decide that they are indeed his half siblings.The Estate issue is a little different - they had the chance to take action and chose not to.Accordingly if your son has spent the money he cannot be forced to repay it
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your help
Expert:  Clare replied 1 year ago.
You are welcome