James Kemp examines the power of the court to order DNA testing ‘The issues of having the best evidence available, together with the lack of a human rights impact, support those who seek such a test. The caveat is that of course such an application must provide evidence of a triable issue and perhaps warrant …
Continue reading "Inheritance disputes: In the blood"
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Wills & Trusts Law Reports | Spring 2018 #171The mother and executor (V) of the deceased appealed against an order that a DNA sample from the deceased, held by a hospital, be tested against the respondent (D), to determine whether he was the son of the deceased. The deceased had suffered from an hereditary form of bowel cancer called Lynch Syndrome, and so D wanted to discover if he was at risk of this condition developing. V refused consent. D applied for a declaration of paternity under s55A Family Law Act 1986, in the context of which he sought an order for testing of the DNA sample collected by the hospital during the ...
