Posted by: AGM | 2008/07/28

DNA test


My elder passed on and was buried last week. My brother was leaving with his girlfriend who was not treating him correctly they were not married. They had a child which i suspect he is not my brothers child. So I want to do DNA test on this child before they get their monies. He got another son from his prevoius relationship.

I want to know what is the procedure will I be allowed to do the DNA test to this child. This child is one of the beneficiaries, if this child is not his will he still get the money after the DNA proves that he is not. I don' t want this money for myself I feel that it should go to the other son if this is not his.

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Our expert says:
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If the question is about your brother's child, I doubt that you would have any right to have any such test done. If HE is being considered as the child's father, HE could presumably have requested that DNA testing be done, on him and the child, but he'd need legal advice on that if the mother is unwilling to enable this to happen. Now, if he is dead ( your message wasn't clear about that ) then it would be up to his Executor, and possibly ( again, here, legal advice would be needed ) another beneficiary / family member who felt the child should not qualify to be a beneficiary, to ask for this to be done.
If he left a will, his belongings / estate would be divided according to what he said in the will, whether or not any of the beneficiaries he named were related or not. If he left no will, then there are legal propcedures for someone who dies "intestate" which considers children and other relatives to be the beneficiaries, and there should I'd guess be some procedure to challenge a dubious claimant.

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