How the Addition of a New Family Member Through DNA Testing Can Impact the Partition of an Estate?

As we all know, over the recent years, DNA testing has become more readily available to the public. As a result, upon the death of a loved one, some families are learning that the relationships they thought they shared may not, in truth, be the actual relationship. As you can imagine, when following a DNA testing a “stranger” becomes a family member sometimes overnight, difficult conversations may occur between family members as this new information comes to light and secrets are revealed.

As mediators, we know from experience that in these situations the impact of the revelation of a new family member through DNA testing is twofold i.e.: financial and emotional.

1). Financial consequences of the revelation of a new family member through DNA testing

Below is a typical example of how the addition of a new family member through DNA testing can modify the partition of an estate.

Edna recently died. She never married and had no children. Edna’s Will/Trust leaves her sizeable estate to her “nieces and nephews.” Edna has two siblings, Bill and Jan. Bill has two children and Jan has no children.

Everyone in the family assumed, as Edna probably did, that Bill’s two children were Edna's only niece and nephew and that they would inherit Edna’s estate. However, after checking online several family members retriever websites based on DNA testing, a family member found out that Bill had an extramarital affair and had a female child from that relationship. That child would be a niece of Edna’s. Also, it was discovered that as a teenager Jan had a child who was given to another family to raise. Again, this child would be a niece or nephew of Edna.

So instead of Edna’s estate being divided between Bills’ two children, it could now be subject to a division among four beneficiaries.

As a side note, the attorney who drafted Edna’s estate planning documents may well have not named Bills’ two children as the beneficiaries of Edna’s estate on purpose to allow for the situation of Bill or Jan having more children after Edna signed her documents. That said, even if Edna’s attorney only had named Bills’ two children as the beneficiaries of Edna’s estate, the 2 others children who are now part of the family through DNA testing will automatically be included in the designation of “nieces and nephews.”

2). Emotional consequences of the revelation of a new family member through DNA testing

Once a DNA test result has proven that a new family is from now on, without the shadow of a doubt, an official part of the original “tribe”, the family dynamic will forever be altered and the future of the family as a group will depend on how its current members will deal with the revelation of the secret. In a majority of cases, each family member will end up taking sides for or against the new heir and/or whoever is responsible for bringing the new person into the family circle.

Therefore, before deciding to go to court and litigate against the “intruder” or his/her biological parent bear in mind that:

If the DNA test result proves to be accurate whether you like it or not the “newcomer” will most likely be entitled to a share of the estate;

The role of the judges is to investigate and apprehend a case based on the material facts presented to them in connection with the law, not based on people’s feelings;

Also, before you decide to file a lawsuit ask yourself the following risk management question: how much will it cost me both financially and emotionally to fight this “estranged family member” and make sure that he/she will get as little as possible from the proceeds of the estate knowing that the odds that I can stop him/her to inherit a share of the estate are low?

To conclude, before you decide to go to court to get some form of reparation make sure you have not initiated a lawsuit as a way to get reparation for the emotional toll you suffered due to the addition of a new family member through DNA testing as chances are your feelings will not be taken into account by the judge. He/she will check the validity of the DNA results and decide ON HIS/HER OWN if the new member is entitled to inherit the same share, a smaller or a bigger portion of the estate than the other beneficiaries.

As mediators, we are used to dealing with these types of situations. Therefore, if you do not know how to answer to these questions and/or handle them, call us and allow us to assist your family in discussing and redefining the new family relationships both at the personal level and for the family as a whole.