Daughter ordered to take DNA test to prove she has an interest in her late father’s estate

Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.

When Mrs Nield-Moir learned that Mrs Freeman had obtained a grant of administration, she issued a claim for revocation on the grounds that she wished to be appointed as administrator for the estate. At the same time she sought a declaration that Mrs Freeman is not entitled to any interest in the estate, alleging that she is not, in fact, Mr Birtles' biological daughter. Mrs Nield-Moir has collected a number of witness statements from third parties to the effect that Mr Birtles said as much to several persons during his lifetime.

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