The role of DNA testing in inheritance disputes

In the UK, disputes regarding inheritance increasingly involve one key question: who is legally entitled to inherit? In many cases, this turns on proof of a biological relationship with the person who has passed away. In this article, our experts explore the role of DNA testing in inheritance disputes.

DNA testing is now one of the most powerful tools available in inheritance disputes, particularly where paternity is unclear or contested. However, its use raises important legal, procedural, and practical issues. How does DNA testing in UK inheritance claims work, when might the court order it, and what does it mean for potential claimants and beneficiaries of estates?

When is DNA testing in inheritance disputes relevant?

DNA evidence may arise in a variety of inheritance disputes, including:

• Intestacy disputes – where entitlement to an estate depends on proving you are the biological child of the deceased;
• Disputes about whether someone is entitled to receive money, property, or other benefits under a person’s will after they have died – where a beneficiary’s biological relationship to the deceased is disputed or needs to be proved;
• Inheritance (Provision for Family and Dependants) 1975 Act claims – where eligibility to bring a claim depends on whether a person is a child of the deceased;

In all of these scenarios, DNA testing can be crucial to establishing a person’s legal rights under UK inheritance law to inherit or be eligible to bring a claim.

What does UK law say about DNA testing?

DNA testing in inheritance disputes is governed by The Family Law Reform Act 1969, The Civil Procedure Rules (CPR) and the court’s inherent jurisdiction. While the court cannot physically force someone to take a DNA test, it has significant powers to encourage or compel participation in DNA testing procedurally.

Nield‑Moir v Freeman [2018] EWHC 299 (Ch)

The High Court case of Nield-Moir v Freeman [2018] EWHC 299 (Ch) is one of the leading authorities on DNA testing in UK inheritance and probate disputes, and Willans acted for the successful claimant.

In this case, the deceased died intestate. The defendant claimed to be his daughter and obtained control of the estate, while the claimant alleged that the defendant was not biologically related to the deceased.

The outcome of this dispute depended entirely on whether the defendant was the deceased’s child or not. The defendant refused DNA testing which the claimant had proposed, raising the question of whether the High Court could order DNA testing in an inheritance dispute in England and Wales. The court ruled that DNA testing should proceed in this case and confirmed:

• The High Court has inherent jurisdiction to direct DNA testing;
• A mouth swab is minimally invasive and proportionate;
• DNA evidence is highly probative and often decisive;
• The interests of justice favour establishing the truth;
• If the defendant refused, the court could draw an adverse inference.
• The court stated that ‘if science can help, then it should’.

The defendant had argued that DNA testing breached her Article 8 right to private life. The court accepted that DNA engages privacy rights but held that:

• Determining inheritance rights justified the interference;
• The test was proportionate and minimally invasive;
• There is a strong public interest in resolving disputes accurately

This decision shows that in UK inheritance disputes:

• Courts will prefer scientific evidence to assist where it is able to;
• Refusal to test could be detrimental to a party’s case;
• DNA evidence is often key to resolving entitlement disputes.

How does DNA testing in inheritance disputes work?

Testing is carried out by cheek swab samples and can be carried out by comparing the DNA of siblings, cousins, or other relatives, which is useful where the deceased cannot be tested. An expert is then instructed to interpret the results. DNA of the deceased can be tested if it has been stored or exhumation may be possible, however this is rare and would require court approval and strong justification.

In UK inheritance disputes, courts give significant weight to DNA evidence, provided if testing is carried out properly, experts are appropriately qualified and if the chain of custody of the sample is secure.

In many cases, DNA testing in inheritance disputes can effectively determine the outcome of parentage. However, at-home DNA kits should be avoided as they are unlikely to be admissible in court proceedings. Parties should think carefully before refusing testing as refusal can lead to adverse findings by the court and could potentially weaken your case.

How can we help?

If you are facing an inheritance dispute involving biological relationships, seeking advice early on from specialist inheritance disputes solicitors can make a critical difference to the outcome of your case.

Willans can assist with making arrangements for DNA testing to be carried out and have done so in a number of previous cases. We advise clients across the UK on:

• DNA testing in inheritance disputes;
• Challenging or defending probate claims;
• Intestacy and beneficiary disputes;
• Inheritance (Provision for Family and Dependants) 1975 Act claims;
• Strategic resolution of contentious estates and inheritance disputes

We understand that these situations often involve sensitive family issues as well as legal rights. If you would like advice or support, please get in touch with our team who would be happy to help.

Our Legal 500-rated inheritance & trusts disputes team offer friendly but practical advice on this complex area of law.