A real-life case study about proving paternity in an inheritance dispute
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Successfully proving paternity in an inheritance dispute
Inheritance dispute partner, Naomi Ireson, recently represented a client in family court proceedings concerning his paternity. Naomi’s client was the son of the deceased, with the defendants in the legal action being his biological mother and brother.
A dispute arose following the death of our client’s father. Although his father was named on our client’s birth certificate but not on his brother’s, our client’s brother nevertheless applied to obtain probate and administer their father’s estate without accounting to our client.
Our client’s brother disputed our client’s paternity, suggesting that the deceased was not his actual father. Our client was understandably upset by this allegation and was not willing to stand by and allow his brother to deal with the estate. With our help he therefore sought a legal declaration that he was the paternal son of the deceased.
The matter proceeded to a final hearing in the family court where the Judge confirmed that the deceased was indeed the father of our client. As the deceased had been named on our client’s birth certificate, the Judge agreed that there is a presumption that he was our client’s father.
Costs were awarded to our client as a result of the judgment in his favour.
Naomi is now representing her client in an application to the court to revoke the grant of probate that had been issued to our client’s brother to seek control of the father’s estate.
You can read about DNA testing in inheritance disputes here.