The plaintiff claimed to be the deceased's child, despite not being named in the will
The Supreme Court of British Columbia has ordered a plaintiff to undergo a DNA test to determine whether she is the biological daughter of a deceased individual whose estate she sought to vary.
The dispute centred on the plaintiff's claim to be the child of the deceased, despite not being named in the will, which divided the estate equally among four other individuals identified as the deceased’s children. Two of those individuals, named as executors, opposed the plaintiff’s claim, arguing she was not biologically related to the deceased.
The defendants requested a DNA test, asserting family hearsay and questioning the plaintiff’s parentage. They claimed the deceased did not acknowledge the plaintiff as a child, which justified excluding her from the will and withholding notice of probate proceedings. The plaintiff opposed the DNA test, arguing that the evidence against her was based on unreliable hearsay. She also sought to revoke the grant of probate, alleging that the executors failed to notify her of the application and prematurely distributed estate assets, breaching their fiduciary duties.
In its decision, the Supreme Court acknowledged the hearsay nature of the defendants’ evidence but ruled that the DNA test could provide crucial proof on a central issue for trial. The court ordered the non-invasive DNA test to compare the plaintiff’s sample with those of other family members, noting that the test could clarify the plaintiff’s biological relationship to the deceased. Any uncertainties arising from using indirect family members’ DNA would be addressed during the trial.
The court denied the plaintiff’s request to revoke probate, despite finding that the executors had not properly followed probate notification rules. The court noted that revoking probate would cause delays and additional expenses. The executors had already repaid a substantial amount to the estate to cover the potential claims if the plaintiff succeeded in her case.
Moving forward, the court required the executors to manage the estate on the presumption that the plaintiff is the deceased’s child unless proven otherwise. The case will proceed to trial, with the DNA test evidence playing a key role in determining the plaintiff’s legal standing to vary the will.
