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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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My brother in law recently died and his will is being

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My brother in law recently died and his will is being contested bu a man who claims to be his illegitimate son. However we have had sight of his birth certificate and this was registered by the mother's husband at the time and names the husband as the fathwr. However this husband had apparently had a vasectomy 4 years previously. 1. Is this fraud or perjury to lie on a birth certificate and 2 will this have an effect on the man's claim?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Southwrn England UK
Assistant: Has anything been filed or reported?
Customer: It is being looked at by a solicitor but my husband has been asked to take an uncle nephew dna test
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thanks

Hello for clarification - which husband is possibly the father?

has this person just turned up out of the blue?

who are the executors?

Customer: replied 6 months ago.
The mother's husband at the time of birth registered himself as the father on the birth certificate. My late brother in law never married but is being stated as being the real father. My husband (deceased's brother) was sole executor and sole beneficiary. This claim was completely out of the blue 5 months after the grant of probate was issued. The man is 31 years old now and we have never had any knowledge of him and he was never acknowledged as a son by my late brother in law

Thank you.

Many births are registered with an incorrect father and if this was 31 years ago, it could well be that at the time, in 1987, the father who registered himself as the natural birth father may have genuinely believed he was the father or he may have done it on the basis that he knew he wasn’t but he was doing it to preserve his relationship with the child’s mother and was prepared to take on the child as his own. DNA profiling was only used in a criminal investigation in 1986 and it was many years after that but it became commonplace in family proceedings.

Although the natural father may have been denied contact with his natural child, the only person who has been financially disadvantaged would be the father that registered the birth if he was indeed not the natural father.

Presumably, to prove his case, the prodigal child will readily submit to a DNA test. For court purposes, only a court approved DNA facility is acceptable because the circumstances of taking the tests are strictly controlled. Other nonapproved facilities are much cheaper but easily able to interfere with unless all samples are taken in the presence of all parties and sent off in the presence of all parties.

The natural child refuses to submit to a DNA test or the family members wishing to contest this refuse, there is a presumption against the person who is refusing.

If the DNA test proved that he is the natural child, that cannot be taken away and he would have a potential claim under the Inheritance Provision for Family & Dependents Act.

https://www.legislation.gov.uk/ukpga/1975/63

The relevant sections are 1 (1) (c) and 1 (2) (b)

the difficulty are the words, “Reasonable Financial Provision” because there is no definition and turning up out of the blue after 31 years, reasonable is going to be far less than if it was a natural child who had been estranged for 12 months.

He does have a claim, the difficulty for him and for the other beneficiaries and the executors is quantifying that claim.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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