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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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My mother was separated from her husband LL and had a relationship

Customer Question

My mother was separated from her husband LL and had a relationship with a married man and I am the result. I was born in 1962 and never found this out until I traced who I thought was my father and he told me. I confronted my mother and she confirmed that she had a relationship with this man DR and they lived together for about 6 months after my birth. Both men are now deceased and LL is named on my birth certificate. I have finally traced DR sister and am meeting her at the weekend, she advised that I have no siblings. DR wife is still alive, would I have any right to his estate, how can I prove that DR is my natural father. My mother also died last year.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You do have a right to claim one third of your biological father's moveable estate. That is all estate which isn't heritable property (land and buildings).

To prove you are the child of DR would ideally done by way of DNA testing. However you would have to research the science behind this as I believe that in the absence of samples from your biological parents, a sample from DR's sister, for example, may not be conclusive. This is something that you would have to discuss with the DNA scientists.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.

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