We have dealt with a number of inheritance disputes within Irish Courts to date. These have involved living and deceased individuals, both within Ireland and outside the country.
In general, a blood sample is required from the parties querying relationship. In cases where one of the parties is deceased, an exhumation may need to be considered if a viable sample is not available.
For further information on exhumation visit the government website:
Once samples have been obtained, a DNA investigation can begin.
In order that the testing be usable in court, a strict chain of custody must be maintained. This will mean that all sampling will have to be witnessed by an independent observer. A DNA Ireland representative or general practitioner can act as the independent witness.
If the samples have been released by another institution, ie a hospital, copies of all documentation associated with the sample will have to be submitted with the application.
The resulting DNA profile will be subject to a statistical analysis which may take up to 4 weeks. Below is an example of a result which would be expected from a DNA relationship analysis.
E.g. Testing two men deemed to be uncle and nephew, they will be expected to share an amount of genetic material. The expected amount is known statistically. Their DNA is analysed and the resultsmay appear as follows: “There is an 85% chance that these two men are related in an Uncle-Nephew capacity.” If it were in a legal case, the courts would outline an allowed cut-off point, i.e. They would only accept a result that was 80% or higher. This is an example.
