How to claim an inheritance if you are not recognised by the father?
The law states that children are entitled to inherit their parents’ property upon their parents’ death. But can a person who has not been recognised by his or her father claim an inheritance? When there is a doubt about paternity, a home paternity test is used to find out whether or not there is a biological link. This test can be carried out at home, provided to the persons taking part in the test to do it voluntarily. But if the father is dead, what are the alternatives? If the father had more children, a sibling DNA test can help determine whether two people are siblings or half-siblings. This test can show whether two people have two parents in common or only one. The test is highly reliable as it depends on DNA.
Choose the type of test carefully
There are two types of tests whose difference lies in whether their results are legally valid or not. That is, a home paternity test can be performed and its results will not be valid in a court of law. This type of test is often used by people who want to know whether there is a paternal link or not, without having to go through legal proceedings. When it comes to inheritance, there is a legal process involved. In this case, the test to be carried out by the person has to be legally valid. This type of test is usually more expensive and requires people to provide their samples at a place defined by the laboratory. For example, to perform a sibling DNA test, the two potential siblings have to provide their samples to medical personnel authorised by the laboratory.
The judge has the final word
When a legal trial takes place, it is the judge who has the final decision on how the parties should proceed. In other words, once all the evidence has been presented and witnesses have been heard, the judge has to decide who will and who will not receive the benefits of inheritance. The person who has not been recognised by his or her father has to understand that there are several legal principles that could prevent him or her from accessing the inheritance. Before taking any legal action, it is important to seek the advice of a professional lawyer who has experience in inheritance. Each country’s laws may differ in this area, and it is difficult to define a single course of action.