DNA Testing in Contentious Probate Claims

Vertebrae Fracture Misdiagnosed as Muscular Back Pain

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Clinical Negligence Claims for Missed Vertebrae Fractures

For a patient with a vertebrae fracture misdiagnosed as muscular back pain, they may be serious consequences. This is because a vertebrae fracture requires prompt recognition and careful management.  Therefore a misdiagnosis may result in a delay which increases the risk of spinal instability, nerve damage and chronic pain.

 

In England and Wales, these failures may amount to clinical negligence when the standard of care falls below what a reasonably competent clinician should have provided.

When You Can Claim, What Happens Next, and Who Pays

DNA testing in contentious probate claims has become an increasingly important tool where the central dispute concerns biological relationships. When inheritance rights depend on whether someone is a child of the deceased, DNA evidence can be decisive. However, there are rules around when you can request a DNA test, how the court approaches such applications, and who ultimately pays for the testing.

So if you find yourself in this situation and contentious probate law can be complex, we partner with experienced solicitors who can help. They offer a free, initial consultation – so contact our team today.

Why DNA Testing Matters in Contentious Probate

Contentious probate claims often arise when someone challenges a will or disputes how an estate should be distributed. DNA testing becomes relevant when the dispute hinges on parentage. This is typically seen in cases involving:

 

• Alleged children of the deceased seeking recognition
• Disputes over whether someone is entitled to inherit under intestacy rules
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 where eligibility depends on proving a biological relationship
• Situations where the deceased’s paternity or maternity is uncertain or contested

In these scenarios, DNA evidence can provide clarity where documents, memories, or family accounts fall short.

When You Can Request DNA Testing in a Probate Dispute

You cannot request DNA testing in every contentious probate claim. The court will only consider it where parentage is directly relevant to the legal rights being claimed. Therefore, yyou may be able to seek DNA testing if:

1. You are claiming inheritance under intestacy

If the deceased died without a valid will – known as intestacy, the law sets out who inherits. Biological children have automatic rights. If your status as a child is disputed, DNA testing may be necessary to establish your entitlement.

2. You are challenging a will on the basis of your status as a child

If you believe you were excluded from a will unfairly or the will is invalid, proving your biological relationship may strengthen your position.

3. You are bringing a claim under the Inheritance Act 1975

To qualify as a “child of the deceased,” you must show a biological relationship. DNA evidence can be crucial where parentage is disputed.

Any biological or adopted child of the deceased can apply for financial provision under the Inheritance Act 1975, including adult children. The court will consider whether the estate has failed to make reasonable provision (usually limited to maintenance), taking into account the claimant’s financial circumstances, the size of the estate, and the deceased’s obligations.

4. You are defending a claim from someone alleging they are a child of the deceased

Executors or beneficiaries may request DNA testing to verify or challenge such claims.

5. There is no other reliable evidence of parentage

If birth certificates, family records, or witness testimony are inconclusive, DNA testing may be the only way to resolve the issue.

The court will not order DNA testing simply because someone is curious or suspicious. The test must be necessary, proportionate, and relevant to the legal issues in dispute.

Can the Court Order DNA Testing?

Yes. Under the Family Law Reform Act 1969, the court has the power to order DNA testing to determine parentage. Although this legislation is often associated with family law, the courts can apply it in probate disputes where parentage is a key issue.

However, the court cannot physically force someone to take a DNA test. Instead, it may draw a negative conclusion if a party refuses without good reason. For example, if someone claiming to be a child of the deceased refuses testing, the court may treat that refusal as evidence against them.

What If the Deceased Has Already Been Buried or Cremated?

This is a common concern. DNA testing can still be possible in several ways:

Close relatives

Testing siblings, parents, or known children of the deceased can provide strong evidence of biological relationships.

Stored medical samples

Hospitals sometimes retain tissue samples from past medical procedures. With proper authority, these can be used for DNA analysis.

Exhumation

In rare cases, the court may authorise exhumation for DNA testing. This is only considered when absolutely necessary and proportionate.

Personal items

Occasionally, items such as razors, toothbrushes, or hairbrushes may contain usable DNA, though the court will scrutinise the reliability of such samples.

What Happens After You Request DNA Testing?

If DNA testing is relevant to your claim, the process typically follows several stages:

1. Legal advice and assessment

A solicitor will assess whether DNA evidence is necessary and proportionate. Courts do expect parties to consider less intrusive evidence first.

2. Application to the court (if required)

If the other party refuses voluntary testing, you may need to apply for a court order. The court will consider:

• The relevance of parentage to the claim
• The availability of alternative evidence
• The proportionality of testing
• The potential impact on the estate and the parties

3. Selection of an accredited testing laboratory

Courts require testing to be carried out by accredited providers to ensure reliability and your solicitor can help with this.

4. Collection of samples

This is usually done under controlled conditions to avoid contamination or disputes about authenticity.

5. Analysis and reporting

The laboratory will produce a report indicating the probability of a biological relationship. Courts treat these reports as highly persuasive.

6. Use of the results in the probate claim

The DNA evidence will then be used to support or defend the claim and may significantly influence the outcome.

Who Pays for DNA Testing in Contentious Probate?

This is probably one of the most common questions, and the answer depends on the circumstances.

1. Parties usually pay initially

Typically, the party requesting the test pays for it upfront. If both sides agree the test is necessary, they may share the cost.

2. The court can decide costs later

In contentious probate, the court has wide discretion over costs. It may order:

• The losing party to reimburse the cost
• The estate to cover the cost (rare, but possible where the dispute arose through no fault of the parties)
• Costs to be shared proportionately

3. If someone refuses testing

If a party refuses testing and the court draws adverse inferences, they may be ordered to pay costs associated with the dispute.

4. Exhumation costs

If exhumation is required, costs can be significant. Courts will only order this where absolutely necessary, and the party seeking it usually bears the initial cost.

What You Should Do Next If You Believe DNA Testing Is Needed

If you think DNA evidence is relevant to your probate dispute, take these steps:

1. Seek specialist legal advice immediately

Contentious probate is complex, and DNA issues add another layer of difficulty. Early advice helps you to find out whether testing is appropriate and how to pursue it strategically.

2. Gather any existing evidence of parentage

Birth certificates, correspondence, photographs, and witness statements can all support your position and may influence whether DNA testing is necessary.

3. Consider whether testing is proportionate

Courts expect parties to act reasonably. DNA testing should be a targeted step, not a fishing expedition.

4. Prepare for the possibility of court involvement

If the other party refuses testing, you may need to apply for a court order. Your solicitor will guide you through this.

5. Act quickly

Delays can complicate matters, especially if potential DNA sources (such as stored medical samples) may be destroyed over time. It’s also important to know that under the Inheritance Act, you only have six months from the grant of probate to bring a claim.

Contact Our Team

DNA testing can be a powerful tool in contentious probate claims, However, it is only appropriate where parentage is central to the dispute, and the court will expect clear justification before ordering it.

If you’d like help assessing whether DNA testing is appropriate in your situation, contact our team today for a free consultation.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

📞 Call us now at 0333 358 2345 or contact us online for your initial, no-obligation consultation.