# Late father's estate



## Soapfan (18 Mar 2008)

Hi All,
Just looking for an opinion on this.  

I am currently in a legal battle over my late fathers estate.  

My father did not play a part n my life nor did he ever contribute to same. However he knew I existed and vice versa.  

Anyway to cut a long story short he died 2 years ago and last year I took it upon myself to seek some legal advice as I was under the impression he was fairly well off.  

Anyway - due to the fact that his name is not on my birth certificate DNA is a major issue here.  He is not of Irish nationality and was from the West Indies.  I am not familiar with any family members there.  

However - with the intent to exhume the body, the relatives in the West Indies objected to same and have offered to give a sample of dna to test against us, in avoidance of exhumation.  

However - the question which we are waiting on, is how is this person going to prove that he is in fact a sibling of my late father ? 

My father will be dead 2 years in May, and there is a substantial amount of money in his estate.  

Does anyone know how long these things take ?

Rgds,
Soapfan


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## ajapale (18 Mar 2008)

*Re: Tricky one re: late father's estate*

What does your solicitor advise?


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## mercman (18 Mar 2008)

I would say that you will probably require some of the big heavy weight legal firms in this case - in fact probably one that has an office in New York. The reason for this is that just might have knowledge of the law for the jurisdiction from where your father was from. 

Is your mother still alive, and did she have any contact with your father when he was alive ?? 

The problem as I would see it is his families reaction to some person claiming off their inheritance coupled with the laws of another country which may be that you have no entitlement.


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## Slim (18 Mar 2008)

Do your relations in the WI deny that you are his son?If not, would it still be necessary to get DNA testing done? DNA testing of his relatives may only prove that you and they are related but maybe not that you are his child. Good luck with this. It will get messy.

Slim


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## Purple (20 Mar 2008)

mercman said:


> I would say that you will probably require some of the big heavy weight legal firms in this case - in fact probably one that has an office in New York. The reason for this is that just might have knowledge of the law for the jurisdiction from where your father was from.


 I would have thought a firm with offices in London would suffice. All of the big firms have such offices.


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## mercman (20 Mar 2008)

Maybe, but many of the big firms in London mght not be aware of West Indian Law. More likely knowledge of up to date procedures in New York.


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## mf1 (20 Mar 2008)

Why not just get a lawyer in the West Indies? What are the chances of anyone on this board knowing diddly squat about West Indies Succession Law?

mf


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## mercman (20 Mar 2008)

mf1. Correct, but I would prefer to use a firm of solicitors that I knew something operating from an economy which is somewhat above board, rather than receiving an opinion from a jurisdiction I wasn't sure about in the first instance.


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## Madangan (20 Mar 2008)

mercman said:


> mf1. Correct, but I would prefer to use a firm of solicitors that I knew something operating from an economy which is somewhat above board, rather than receiving an opinion from a jurisdiction I wasn't sure about in the first instance.


 
Mercman,
 What have you got against the West Indies? Your post is tanatamount to saying "shure dem foreign chappies cant be trusted"

Anyway depending on where in the WI the law may well be based on english law as many parts were/are in the commonwealth.However I would agree with mf1 OP should get a lawyer in the WI and do so asap as if  father dead  over 2 years statute of limitations issues may exist in WI.

BTW the above willalso be dependent on where your fathers estate is based and also what does it consist of  and where he was domiciled e.g different jurisdictions may be involved depending on these factors.


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## mercman (20 Mar 2008)

Madangan - For the purpose of clarity I am the least prejudice person you are ever ever likely to meet. Therefore for those reading this, please do not take my post as racist, prejudicial or anything whatsoever in that arena. I aired my view on the same basis as the points you have raised. The OP stated that his father was very well off, for which in that part of the world is not very common. My view was for the purpose of fairness and equality to use lawyers that are aware of the law, locally and internationally, and those who could serve him in his best interests.


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## DavyJones (20 Mar 2008)

Slim said:


> Do your relations in the WI deny that you are his son?If not, would it still be necessary to get DNA testing done? DNA testing of his relatives may only prove that you and they are related but maybe not that you are his child. Good luck with this. It will get messy.
> 
> Slim


 
Why do you assume OP is male?


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## Bronte (21 Mar 2008)

OP - I think a London firm with an office in the West Indies might be your best bet.  This is assuming that even the top Irish firms do not have such specialist knowledge.  Even if you are a sibling, it may be that under West Indies law that you will not be recognised legally if your parents were not married and therefore may not be entitled to anything.  Before you spend a lot of money that is the first thing you need to find out from your lawyers.


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## Soapfan (21 Mar 2008)

To correct you, I am female.  I live in Ireland. My father yes was from the WI but lived in Ireland for over 40 years, his estate is here.  Yet any relatives live in the WI !!!!!


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## mercman (21 Mar 2008)

Soapfan - good to hear from you. Sending you a PM now


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