One of the biggest challenges when proving entitlement on an intestacy arises when the documentary evidence does not provide the information expected. A common example is when a father's name is not recorded on a birth certificate.
There can be many reasons for this. Paternity may not have been acknowledged, the father may have been unknown, or the family may have chosen to keep the father's identity private. In some jurisdictions, however, it was historically common for one, and sometimes both, parents to be omitted from an official birth record. This can make it more difficult to establish family relationships when administering an estate.
A recent case, Dorant v Dorant [2025] EWHC 3360 (Ch), highlights how complex these situations can become.
A complex family history
The case involved a family originating from the Caribbean and an estate in England and Wales worth approximately £2 million.
The dispute centred on the birth certificate of one of the deceased's siblings. The certificate did not record a father. This suggested that the sibling might be a half-blood relative rather than a whole blood, which would affect entitlement under the intestacy rules.
Several genealogists were involved in the matter. However, the judgment noted that the research could not advance beyond the evidence contained in the documentary record. As a result, the Court examined additional evidence. This included DNA results, marriage records, immigration dates relating to arrival in Trinidad, and witness testimony from family members.
Following this review, the Court ruled that all siblings were related by half-blood. The estate was therefore distributed on that basis.
When documentary evidence is incomplete
Cases like this rarely reach the Court. In this instance, the size of the estate meant that litigation became worthwhile. However, the underlying issue is something Probate Practitioners encounter far more often. Family trees can reveal missing paternal information or different fathers recorded for siblings. When this happens, it can raise difficult questions about entitlement.
Understandably, these findings can also cause confusion or distress within families.
Historically, Practitioners could rely on a common law presumption that a child born during a marriage was the child of the husband. This principle was confirmed in Gardner v Gardner (1877). Later, the Family Law Reform Act 1969 clarified that the standard of proof required to rebut such presumptions is the balance of probabilities.
Supporting Personal Representatives with the evidence
When genealogists encounter situations like this during family tree research, our approach is clear. We present the evidence as it exists and explain any uncertainties. This allows Personal Representatives to make informed decisions based on the available facts.
If you are dealing with a particularly complex family tree, our expert genealogists can help you navigate the challenges. We can investigate further, locate additional records, and gather evidence that may clarify entitlement.
Our goal is simple. We help ensure the right beneficiaries receive the inheritance they are entitled to.
Title Research provides fast, fixed-fee access to genealogical research, making us the safe choice for the resolution of complex estate administration cases. If you want to find out more, get in touch with our Client Services Team by calling 0345 87 27 600 or emailing info@titleresearch.com.
Topics: news, Genealogical research, Intestacy, Inheritance, Wills
