Deceased father, no will, not on child’s birth certificate

[Poodlecups]

Good evening, I’m hoping I can get some advice.

My ex partner recently died. We have a 12 yr old daughter and he is not on the birth certificate. There are two things I would like to achieve, firstly having his name added to the birth certificate, and secondly applying for probate to acknowledge my daughter is next of kin, and entitled to his estate currently valued at 5k. I understand this process may cost more, but that isn’t the reason for going through this.

The funeral is being arranged by the local authority and I’m waiting to hear when. The local authority have contacted my ex’s brother, who was estranged, although acknowledged my ex has a child. The local authority have given my details to the brother - and requested he contact me, as I wish to ask for a DNA sample. I’ve not heard anything. I’m concerned as following the cremation I won’t be able to access DNA.

Is there anything urgently I need to do? I will be looking into the family court process, and also whether the hospital has DNA in samples. What is the most cost effective route? Thank you in advance.

[Peridot]

Hi Poodlecups,

It must be difficult for you and your daughter. Did she have contact with her father despite your breakup?
It would be necessary to obtain a declaration of parentage for which the easiest option is of course DNA evidence proof. This article (not recommending the writer just handy set out like this) may help:- https://www.chroniclelive.co.uk/spec...tners-13849625

I'm not sure if any of the DNA testing labs (it needs to be a recognised lab) could give you some guidance on how to arrange for DNA collection it may be worth contacting them to ask.

[Poodlecups]

Thank you for your response. I have been in touch with a DNA recovery company (accredited) with a list of preferred sources for DNA from the deceased.

I have downloaded the C63 Declaration of parentage form, and also the application to have fees reimbursed. I am currently trying to establish whether I am entitled to legal aid - would this be under the Human Rights Act? I’ll look further. How do I apply to make this urgent as the local authority are arranging a cremation?

We did have regular contact, we were traced by his mobile phone activity. Thanks again. If you can shed further light on my two queries above, I would be most grateful.

[Peridot]

Hi again,

Sounds like you're on top of things. The DNA sample is the critical but of info to obtain. The DNA lab should be able to assist with how you go about obtaining the sample.

Legal aid has been reduced heavily and I'm afraid I don't know whether you would be eligible you will need to complete the forms and provide the evidence they require to find out. I will have a scout about and see if I can find more information for you and post back if I have any luck finding anything.

You mention Human Rights Act is this to do with the application question Is this a Human Rights issue or some such wording? If that is the case no it isn't a Human Rights Act claim. If that isn't what you mean do let us know.

I would contact the Local Authority to let them know you need a DNA sample, they will no doubt have come across this situation before so should know what the process is.

Hope this helps.

[Poodlecups]

Hi. Thanks for the previous help.

Currently, I have applied for Declaration of Parentage and am hoping this will be granted without the need for DNA, as the father paid Child Maintenance. The forms were submitted yesterday with an request to get the fee refunded due to low income.

Last night I called my ex’s brother out of courtesy as the funeral is on Monday next week. The brother told me he had been in the flat and removed photos of our daughter and my ex’s diaries. I’m shocked he had been given access when the Local Authority and the brother are aware of our child and my application. The brothers were estranged and spoke shortly before his death - for the first time in 15 years. How can I stop the local authority allowing access to the property? The Notice (of some sort) expires on March 9th. I’m hoping to have a hearing ASAP and then decide to apply for letters of administration pending the outcome. Im shocked and hurt that access has been granted. There could be any number of claims to the estate and no one as yet has taken on this responsibility. Is there anything I can do about this? Would there be a firm willing to take on this issue (I have no funds and the estate is worth approx 5k)

Thank you so much

[Peridot]

Hi Poodlecups,

Well done getting the application in. It may still be necessary to obtain a DNA sample, have you taken steps to obtain this? After the funeral of course will be too late. As far as the property is concerned the brother would appear to be the only person able to access the property. He is the next of kin as your daughter does not currently have a declaration of parentage and is also not of an age to deal with this herself and he is therefore the person that can apply for letters of administration if needs be. There may be no reason to apply for a Grant bearing in mind the value of the estate.

I don't think you confirmed whether the property was LA or HA but if it is, they have strict time scales for clearing flats after someone has died so there may genuinely have been no option for the brother but to gather items from the property before things were cleared? Have you asked for anything from the house for your daughter?

In addition there may be debts of the estate that need settling, which could leave little or nothing left, once they are dealt with. Does your daughter want any personal mementoes from her father's estate? It may be worth speaking to the brother again if she does and see if it can be arranged? I wouldn't hold out for any significant sum coming to her I'm afraid, even with a declaration of parentage being made. How does she feel about the situation?

[Poodlecups]

Hello, I hope someone can offer advice. My ex partner died intestate. We have a 12 yr old and I have applied for a Declaration of Parentage. All parties accept Parentage.

The local authority have accepted an estranged brother as next of kin. He has removed personal items from the property and I suspect surrendered the tenancy. I am waiting for confirmation. The property is full of possessions including including my own and my daughters. I also want to take responsibility for the estate. Can I ensure the Housing Association securely store the contents until my court proceedings are resolved? Under tort?

The savings are approx £5k. My underlying motive is - as a family we discussed what would happen after his death, including my daughter inheriting everything. It’s what he wanted. It will create months of work and expense to deal with it - but it’s her Dad, and this is what happens when close family die. It doesn’t have a stranger removing all photos of her and his diaries ‘before it goes in the skip’. I’m quite hurt.

[Poodlecups]

Ok. The declaration of Parentage is under way and we have a hearing on 20th March. I was planning to apply for Letters if Administration, and at least try to deal with his affairs, at it seems the right thing to do. From my research it seems it’s not necessary due to the low value of the estate. Which still means there is 5k in savings that I would like put in trust for our daughter. At the moment, I have no access to his possessions until the declaration of Parentage is resolved. From my research- it seems the brother can access all funds and possessions. How do I stop anyone doing this and ensure everything goes to our daughter? This is principle. He may have more debts and liabilities than savings - but I feel it’s important she is acknowledged by all parties as the next of kin. Can I, as her mother apply for letters of administration? And the process costs £215 if the estate is worth over £5k. I have no access yet to his possessions - so should I go ahead and apply assuming the liabilities outway the savings?