Kohari v NSW Trustee & Guardian [2016] NSWSC 1372 arose against the background of a claim made by the applicant for a family provision order, in circumstances where it was unclear whether the applicant was a child of the deceased.

The defendant executor sought orders that the applicant provide a DNA sample for testing and that samples also be provided by the various relatives: [9]. Only some relatives expressed a view on the proposed order – at least one objected to it.

Ultimately the court was willing to exercise its discretion and to make an order for DNA testing: [53] – [54].

 

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