Inheritance Dispute
The individual is facing an inheritance dispute involving their late relative's will in Scotland. After the relative's passing, several claimants from a previously excluded branch of the family are asserting a claim on the estate. The individual has suspicions regarding the authenticity of the relationships, particularly questioning one claimants' biological connection and having uncertainties about the others due to the familial background. The individual is considering the potential for requesting DNA tests to establish the legitimacy of these claims as biological descendants of the deceased.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan we request a DNA test to verify the claimants' relationship to the deceased?
In Scotland, there is no automatic right to demand a DNA test in inheritance disputes. However, a party may apply to the court for a DNA test as part of their evidence if parentage is in question. The court will evaluate whether the test is necessary and relevant to the case, potentially granting the request if it is essential for determining entitlement under the will.
What are the legal grounds for contesting a will in Scotland?
In Scotland, contesting a will generally involves claims of lack of testamentary capacity, undue influence, fraud, or improper execution. Additionally, under the relevant Succession Act, descendants may assert legal rights to a portion of the estate, which cannot be overridden by the will. Claims typically must be made within six months from the date of confirmation.
What steps can be taken to defend the will?
To defend against claims, it's important to ensure the original will is lodged with the relevant court for confirmation. Collect evidence supporting the deceased's mental competence at the time of execution, along with documents indicating their intentions. Statements from witnesses may bolster the case. Engaging a solicitor with expertise in succession law can also facilitate effective defense strategies.
How would finding that some claimants are not biologically related affect their claims?
If any claimants are determined not to be biologically related, their rights to the estate could be weakened under intestacy rules, as they would not be classified as legal descendants. However, they may still contest the will or seek provision based on dependency or equitable grounds.
Are there time limits we should be aware of when responding to claims?
In Scotland, claims against a will generally must be filed within six months of granting confirmation. This applies to any contested wills, including claims under children and spouses' legal rights.
