In probate and inheritance matters, the most emotionally charged and financially significant disputes often hinge on a single question: What was the biological relationship? When an individual dies without a will, or when a will is challenged by a claimant whose biological connection is unconfirmed, your role as a solicitor shifts from the administration of assets to gathering DNA evidence and navigating complex relationships – particularly as the primary individual’s DNA is unavailable.
Testing complex relationships
These cases often involve sensitive family dynamics, with disputes arising between siblings, nieces or nephews, or extended relatives. In fact, 38% of adults are willing to dispute a will, and the number of disputes in the UK at their highest levels in over 10 years.
Clarity is essential, not only for legal purposes, but to help mitigate emotional distress for everyone involved. DNA testing provides certainty where assumptions or incomplete records may fail.
However, in many probate and inheritance disputes, simple maternity or paternity testing is not always an option. Instead, testing must establish a biological connection between the living relatives, and therefore, an indirect relationship to the deceased.
NorthGene™ offers a comprehensive range of accredited DNA testing services that help to navigate this challenge. These include:
- Siblingship testing – To confirm if individuals share one or both parents.
- Avuncular testing – Determining a biological relationship between aunts/uncles and nieces/nephews for extended family claims.
- Grandparentage testing – Establishing a connection between grandparents and grandchildren. This is typically used in cases where parentage is unclear.
All NorthGene™ DNA tests are analysed and reported in their ISO-accredited and Ministry of Justice approved laboratory, to produce legally admissible results.
The legal considerations
Solicitors play a critical role in navigating complex inheritance disputes and guiding clients through them. By integrating legal DNA testing into their casework, solicitors can obtain objective evidence, reduce uncertainty and prevent prolonged disputes. This is especially relevant given the significant rise in the number of probate cases exceeding one year, increasing by 134% from 2020 to 2023.
The process can appear complex, particularly as relatives may be dispersed across the country, or multiple relatives may need to be included, while some may be unavailable or unwilling to participate. Understanding the likelihood of conclusive results for each biological relationship is essential, as well as being able to clearly communicate outcomes clearly and sensitively to clients once received.
DNA testing with NorthGene™ is conducted under strict procedures to ensure efficiency, confidentiality and legal admissibility. Proper sample collection and documentation maintain the chain of custody, and their dedicated team are on hand to provide guidance and answer questions as needed. This enables solicitors to focus on case management and supporting clients, confident that tests are handled with the utmost care and results are trustworthy.
How the process works
Legal DNA testing follows a clear, controlled procedure to ensure results are legally admissible:
1.Case instruction – Register the case via the NorthGene™ website, detailing the participants, the relationship you are looking to confirm and key contact details.
2. Independent sample collection – Samples must be collected by an independent third party. NorthGene™ despatches trained sample collectors to arrange an appointment with the participant directly at their convenience. The process requires ID verification, such as a driver’s license or passport and two passport-sized photos. Once collection is completed, samples are sealed in tamper-proof packaging and returned to the NorthGene™ laboratory for testing. This maintains a strict chain of custody throughout.3
3. Laboratory analysis – DNA samples are tested by the expert NorthGene™ team in their accredited laboratory.
4. Court-ready reporting – Results are issued in a clear, legally admissible report within 1–2 working days of all samples being received.
Reliable results when it matters most
For solicitors handling probate and inheritance disputes, legal DNA testing can provide the answers needed to resolve cases efficiently. By providing clear results and evidence of biological relationships, solicitors are better equipped to advise clients, manage expectations and bring clarity and closure to sensitive situations.
To learn more about DNA testing for complex relationships, visit the NorthGene™ website, or click here to register a case.
This article was submitted by Northgene as part of an advertising agreement with Today’s Family Lawyer. The views expressed in this article are those of the submitter and not those of Today’s Family Lawyer.
