Urgently need advice on this,what a mess my late father has left!
He passed away after a long illness,without leaving a will.Briefly,an alleged daughter has blocked probate on my dads estate,firstly an "assured DNA" which has no legal standing in probate matters,[is this correct],secondly,on this basis,her solicitor is trying to force my sisters and I into a sibling DNA,is this lawful and can we be forced not doing this.Finally,in the latter weeks of my dads life,he catagorically denied that this alleged daughter was his,at times in the past year she has wished my father dead.Now according to her solicitor,she states they had a close relationship,which I know was not the case.

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Originally Posted by chrissie27

Urgently need advice on this,what a mess my late father has left!
He passed away after a long illness,without leaving a will.Briefly,an alleged daughter has blocked probate on my dads estate,firstly an "assured DNA" which has no legal standing in probate matters,[is this correct],secondly,on this basis,her solicitor is trying to force my sisters and i into a sibling DNA,is this lawful and can we be forced nto doing this.Finally,in the latter weeks of my dads life,he catagorically denied that this alleged daughter was his,at times in the past year she has wished my father dead.Now according to her solicitor,she states they had a close relationship,which i know was not the case.

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Need your location - Country, State.

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Originally Posted by chrissie27

Urgently need advice on this,what a mess my late father has left!
He passed away after a long illness,without leaving a will.Briefly,an alleged daughter has blocked probate on my dads estate,firstly an "assured DNA" which has no legal standing in probate matters,[is this correct],secondly,on this basis,her solicitor is trying to force my sisters and i into a sibling DNA,is this lawful and can we be forced nto doing this.Finally,in the latter weeks of my dads life,he catagorically denied that this alleged daughter was his,at times in the past year she has wished my father dead.Now according to her solicitor,she states they had a close relationship,which i know was not the case.

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In general IF this person is "blood" to your father and has never been adopted by another man (which would terminate her mother/daughter relationship with your father) she is entitled to inherit.

So your father knew this could happen and never put anything in writing? That's unfortunate, but I'm sure you know this.

Why would you force her solicitor to go to Court and get a Court-ordered DNA when you could comply and not incur legal fees from your side of things? If you get ordered to submit yourself to DNA testing or if you go voluntarily the outcome will be the same - she either is or is not your father's daughter and either is or is not entitled to inherit.

Whether she wished your father dead, if they had a contentious relationship - unless he made specific arrangements to the contrary she is entitled to inherit.

It appears that there is more to this post (and the relationship) than you are revealing.

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Originally Posted by JudyKayTee

... unless he made specific arrangements to the contrary she is entitled to inherit. ...

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I don't know whether this is true under the laws of where I assume is the UK.

I am puzzled by OP's statement that the alleged half-sister "blocked probate". OP filed a probate petition and the alleged half-sister filed some sort of another petition or motion to "block" it?

Whether an "assured DNA" test (whatever that is) is admissible is something to be determined by the law in OP's jurisdiction. But I agree with you: best to find out if they are related. If the test comes out negative that would be the end of it.

OP needs to consult with a lawyer (solicitor, I guess).

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Originally Posted by AK lawyer

I don't know whether or not this is true under the laws of where I assume is the UK.

I am puzzled by OP's statement that the alleged half-sister "blocked probate". OP filed a probate petition and the alleged half-sister filed some sort of another petition or motion to "block" it?

Whether or not an "assured DNA" test (whatever that is) is admissible is something to be determined by the law in OP's jurisdiction. But I agree with you: best to go ahead and find out if they are related. If the test comes out negative that would be the end of it.

OP needs to consult with a lawyer (solicitor, I guess).

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I looked up the law in the UK - figuring we're talking about the UK- and found that a person can (much like in the US) file an objection to probate.

I'm guessing that's the situation - but, again, I'm only guessing.

It's all going to come down to DNA anyway so, yes, get paternity settled and then worry about the rest of things.

Firstly,I should have said I am from the UK,SO laws in this may differ.
My father whilst in hospital,had lasting/living power of Attorney,which as his next of kin[dad was widowed] was myself.He did ask the solicitor whilst in hospital about making a will,unfortunately he passed away before doing this.
Regarding the alleged daughter,she is 32 years old and does not have my fathers name on birth certificate,also her named father on birth certificate has brought her up,along with her mother and younger sister.
My sisters and I have not gone or are going to court for sibling dna identification,this is a suggestion of her solicitor. My father has never provided financially or contributed to her up bringing.I know its all a mess and very stressful for all concerned,but I am going with my dads wishes and he did not want anything to do with this person.

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Originally Posted by chrissie27

Firstly,i should have said i am from the UK,SO laws in this may differ.
My father whilst in hospital,had lasting/living power of Attorney,which as his next of kin[dad was widowed] was myself.He did ask the solicitor whilst in hospital about making a will,unfortunately he passed away before doing this.
Regarding the alleged daughter,she is 32 years old and does not have my fathers name on birth certificate,also her named father on birth certificate has brought her up,along with her mother and younger sister.
My sisters and i have not gone or are going to court for sibling dna identification,this is a suggestion of her solicitor. My father has never provided financially or contributed to her up bringing.I know its all a mess and very stressful for all concerned,but i am going with my dads wishes and he did not want anything to do with this person.

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His unwritten wishes are not binding. If the other "daughter" and her solicitor want to pursue DNA testing they will and you will have to comply (from what I am reading). I'm confused - she said your father was her father so he knew she existed but he kept in contact with her but then he wanted no connection with her?

The very fact that he never provided for her may be the cause of her pursuing his estate.

If she's related by blood, she has a claim against the estate.

It sounds like you are at the stage of waiting for a judge to rule on whether you have to submit to DNA testing, so I don't know what we can advise.
Are you going to tell us what the woman means by assured DNA?
And what the urgency of advice needed is, with your solicitor working for you?

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Originally Posted by joypulv

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And what the urgency of advice needed is, with your solicitor working for you?

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I don't see OP indicating he/she is represented by counsel. A solicitor assisted the late father in preparation of his POA, is all we know.

No solicitor, true! Sorry.
I would at least have a brief consult with the one who was going to prepare the will for your father but didn't, based on the blocking of probate and by the fact that the woman has a solicitor.

"you have to be a biological child to inherit."
Who can inherit if there is no will ? the rules of intestacy

Therefore, without a will, if she can prove a biological relationship, she is entitled to an equal share of the children's portion of the estate. According to that site, if there is no surviving partner, the children get it al in equal shares.

So, if she puts a claim into the court, the court will order testing. If the testing shows she is his daughter, then the law appears clear. Your father blew it and there appears to be little you can do about it.

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Originally Posted by chrissie27

Urgently need advice on this,what a mess my late father has left!
He passed away after a long illness,without leaving a will.Briefly,an alleged daughter has blocked probate on my dads estate,firstly an "assured DNA" which has no legal standing in probate matters,[is this correct],secondly,on this basis,her solicitor is trying to force my sisters and i into a sibling DNA,is this lawful and can we be forced nto doing this.Finally,in the latter weeks of my dads life,he catagorically denied that this alleged daughter was his,at times in the past year she has wished my father dead.Now according to her solicitor,she states they had a close relationship,which i know was not the case.

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I have read all your comments,my dads solicitor who did the lasting power of attorney and was to do the Will,is acting on our behalf,but is a bit sketchy with info,therefore we are seeking a 2nd opinion tomorrow and will be guided by that.Assured DNA is a self testing service available in the UK,as no medical proffessional was present,this makes the test invalid in Uk law and for the purpose of contesting probate.Anyone can show an expression of interest in probate matters and a "cabeot"has been placed on my dads estate,the urgency arises in the cost of all this and the stress related to it,I do wish my dad had done a will,this is not pleasant to deal with.

Not sure what a cabeot is. But the rest agrees with my research. She can put in a claim, the court orders a DNA test. If the test comes back positive she gets a share. That seems pretty much cut and dried.

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Originally Posted by ScottGem

Not sure what a cabeot is. But the rest agrees with my research. She can put in a claim, the court orders a DNA test. If the test comes back positive she gets a share. That seems pretty much cut and dried.

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Caveat?

Could be, makes sense.

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Originally Posted by ScottGem

Could be, makes sense.

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And it all boils down to what was said originally - if she's "blood," she inherits.

If you feel that the solicitor who was to do your dad's will was remiss in doing it, and is 'a bit sketchy' now, find a better one.

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Originally Posted by joypulv

If you feel that the solicitor who was to do your dad's will was remiss in doing it, and is 'a bit sketchy' now, find a better one.

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This is what I intend to do tomorrow,hopefully all will be a bit clearer,tired and weary dealing with this and it was a "caveat".Thank you all for the advice,

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Originally Posted by chrissie27

This is what i intend to do tomorrow,hopefully all will be a bit clearer,tired and weary dealing with this and it was a "caveat".Thank you all for the advice,

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Frankly, I'm not sure another solicitor will change anything. The law is clear here. This "daughter" has a right to share the estate if she is related by blood. Basically her solicitor filed to delay any distribution until a DNA test can determine the relationship.

I don't think you can block such a test and if the test show a blood relationship she gets a share. Its as simple as that.

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Originally Posted by ScottGem

Frankly, I'm not sure another solicitor will change anything. The law is clear here. This "daughter" has a right to share the estate if she is related by blood. Basically her solicitor filed to delay any distribution until a DNA test can determine the relationship.

I don't think you can block such a test and if the test show a blood relationship she gets a share. Its as simple as that.

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Just stretching things a bit - the only possibility I see is that father wanted to rewrite his Will, solicitor took down information, knew the father was a dying man, took his time, got back - father was either unable to sign or had passed.

Other than that -