Rédaction Africa Links 24 with Uganda Monitor
Published on 2024-04-09 05:00:00
As the owners of a family business age, one of the significant challenges they face is selecting successors who can smoothly take over leadership roles in the event of their passing. The discussion of Deoxyribonucleic acid (DNA) and its impact on business operations often centers around family businesses. Arnold Nogan Kimara, an attorney at Kimara Advocated and Consults, believes that DNA can influence relationships within family-owned businesses, especially those with medical practices involving licensed premises where DNA tests are conducted.
When it comes to family affairs and DNA, Counsel Kimara explores how DNA testing can affect the legitimacy of entitlements under a written will or a family member’s gifting intentions. A will is a crucial document where a testament maker outlines their wishes for the distribution and management of their estate. For a will to be valid, the testator must meet specific criteria, including being of sound mind and satisfying the age requirements.
In the context of family life, the results of a DNA test can impact the enforceability of a will or the entitlement to benefits under a will. Questions may arise about the mental state of the testator at the time the will was created and whether their wishes were guided by the right mindset. Counsel Kimara gives examples of how DNA testing can challenge the legitimacy of relationships and inheritance rights within families.
The wording of a will can also have a significant impact on its contents and the distribution of benefits. If paternity or maternity issues come into question and DNA testing reveals discrepancies, the validity of the will can be challenged. This can lead to the revocation of the will if false representations or misinterpretations were involved in obtaining benefits.
Counsel Kimara emphasizes the importance of ensuring that a will is made in the right conscience and that any fraudulent elements can lead to its cancellation. The testator’s true intentions should be upheld, and any doubts about the validity of relationships or beneficiaries named in the will can lead to its revocation.
In situations where DNA testing reveals discrepancies in parentage, the distribution of the estate can be affected, especially if the designated beneficiaries are no longer considered legitimate heirs. Dependents who are not directly affected by DNA testing may still receive gifts out of goodwill, but those named as children in the will face the risk of losing their inheritance if their parentage is questioned.
Overall, DNA testing can have a significant impact on the distribution of assets and the validity of wills in family businesses. It is crucial for estate planning to consider these factors to ensure a smooth transition of leadership and inheritance rights within the family.
Read the original article on Uganda Monitor
