• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Father deceased name not on birth certificate estate in probate

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Father deceased name not on birth certificate estate in probate

    Hello , my father passed away in July 2025 . He didn't leave a will/trust. His name isn't on my birth certificate . His sister won't accept me as my father's daughter cause there was never any DNA test done. So she has put his estate into probate asking to be administrator. And put myself as unknown in the petition. Is there any thing I can do to prove that I am my father's daughter without DNA
    Tags: None

  • #2
    I've copied below a paragraph from a specialist website which seems to address your situation [my bold]:

    "It is increasingly common for children to be born outside marriage, although historically when this happened it would often have been kept secret. An illegitimate child of the deceased, as a close full blood relative, might reasonably expect to inherit in the case of an intestacy. The Family Law Reform Act 1987 provides that illegitimate children have the same inheritance rights as legitimate children. However, problems can arise in practice. If a deceased father is not named as a parent on the birth certificate, their child will face difficulties in establishing any right through paternity. Other evidence can be employed, but unless incontrovertible DNA results can be obtained a claimant may not succeed in establishing him or herself as a child of the deceased."

    So it would seem that DNA evidence is the only sure way to prove you are the deceased's biological child and so entitled to a share of his estate, unless there is other strong evidence that you haven't mentioned.

    I am not an expert on DNA testing so who would you compare your DNA against? Your father's sister (your aunt)? Would that be able to prove that you are your father's biological child?

    You might be able to obtain a court order instructing someone to undertake a DNA test but you need to consult a specialist probate solicitor to get an opinion on whether this is feasible and what it would cost you to go to court.

    I hope this isn't too sensitive a question but it needs to be asked, are you confident that you are the biological child of your father? Before attempting to get court-ordered DNA testing you should consider the possibility that a DNA test might show that you are not.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      What was your relationship like? Did he acknowledge you as his daughter? These questions go to proving your entitlement to share in his estate.

      Were you in any way dependent on him? This separate question goes to the possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. NB time limit for bringing a claim in court is 6 months from dste of grant of Probate /Administration.

      You should gather as much detail as you can on all these things and probably see a solicitor.

      (This all assumes that his estate has sufficient value)
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X