Is there a valid reason to deny genetic testing in a case alleging disinheritance, as opposed to a case alleging the right to inherit? Is there such a thing as disinheritance by proof of non-paternity?
марта 16, 2022 at 10:00 AM
By Neal Solomon and Elyse Herman | марта 16, 2022 at 10:00 AM
The law allows a potential heir to contest a will or trust to establish the right to inherit by proving paternity. These potential heirs seek to have their claims corroborated by genetic testing. But can DNA testing be used to disinherit a potential heir? Can one sibling seek a judgment that another sibling is the child of another father and therefore a half-sibling and not an heir of the decedent “father”? Does it matter if they were raised together, and paternity was never challenged during the decedent’s lifetime?
DNA tests are legally recognized to be the most accurate method to determine paternity. The New Jersey Supreme Court has concluded that DNA testing has a high degree of scientific reliability that would enable “few spurious claims” to go undetected. The court made this finding based on testimony that DNA tests for genetic markers can exclude 99% of those individuals who may be accused of paternity. Wingate v. Estate of Ryan, 149 N.J. 227, 242 (citing Clark v. Jeter, 486 U.S. 456, 474 (1988).
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