At-home DNA testing can reveal surprising family secrets, but for some, these revelations may lead to unexpected consequences, particularly when it comes to inheritance. Without a valid will, non-biological children risk being disinherited under intestacy rules, highlighting the need to think twice before doing a DNA test.

• The Rise of at Home DNA Tests
• The darker side of DNA Tests
• How does this affect inheritance?
• What could be done to prevent this situation?
• Is DNA testing worth the risk?

The Rise of at Home DNA Tests

The rise of at-home DNA testing has given millions of people the opportunity to uncover their family history and explore their heritage. Since the first genetic genealogy test became publicly available in 2000, over 40 million people worldwide have explored their ancestry through DNA tests. However, while these tests could be a fun experiment, there is also the scary possibility of discovering that the family you thought was yours may not be which could lead to emotional trauma  – and remarkably, the possibility of  being disinherited.

The darker side of DNA Tests

The stories of actor John Simm and Kara Rubinstein Deyerin highlight how DNA testing can deliver life-altering revelations. For Simm, it was the discovery that the man he’d known as his father for 54 years wasn’t biologically related to him. Rubinstein Deyerin also discovered that the man who raised her was not her biological father.

How does this affect inheritance?

If someone has made a will in your favour, it doesn’t – unless they decide to change it before they die. So, for example, even if you discovered your father was not your biological parent, if they have named you as a beneficiary of their will, you will inherit in the usual way on his death. However, fewer than 40% of adults in the UK have made a will, according to the 2024 UK Wills & Probate Consumer Research Report. When someone dies without a valid Will, their Estate will be distributed in accordance with the Intestacy Rules. These provide for the deceased’s closest living relatives – typically the spouse/ civil partner of the deceased and/or their children. However, the law only recognises biological children or adopted children. That means that if you discover that the person you thought was your parent isn’t biologically related to you, if they did not make a will, you could be excluded from inheriting under the intestacy rules. It doesn’t make any difference if you had a strong emotional connection or had been raised by that individual. The deceased may have always thought of you and treated you as their child. But if there is evidence that you are not; you cannot inherit if there’s no will.

What could be done to prevent this situation?

1. Encourage Open Family Discussions

If you’ve taken—or plan to take—a DNA test, consider discussing the potential findings with your family. Transparency can help address sensitive topics before they become legal issues.

2. Make a Will

The most effective way to ensure your inheritance wishes are respected is by making a legally binding will. This can help clarify who should inherit from your estate, regardless of biological connections.

3. Statutory Wills

In cases where a parent has lost mental capacity and no valid will exists, a statutory will can be created by a specialist court called the Court of Protection. This process ensures that a parent’s wishes are carried out but can be a very expensive and complicated process.

4. Inheritance Claims post death

In certain circumstances, claims can be brought under the Inheritance (Provision for Families and Dependents) Act 1975  by  a child of the deceased or someone who was treated as child (as well as other categories of individuals). However, these claims can be costly to bring and potentially risky for an adult child, as the court will usually expect that the deceased is not under any obligation to financially support an adult child. 

Is DNA testing worth the risk?

While DNA tests offer an exciting glimpse into our past, they can also lead to unexpected and costly complications, particularly in relation to inheritance. For some, the emotional upheaval of discovering a biological disconnect may be accompanied by legal headaches, especially if the parent in question has passed away without a will. In these situations, knowledge may not be the blessing it seems, and ignorance could be a safer route—at least until key estate planning steps have been taken.

Rebecca Kershaw – Apprentice Solicitor