The Legal Light Justin Stack The strange inheritance case of the ear kept in the freezer An ear kept in the freezer was at the centre of a recent court battle over an inheritance. The ear was secretly cut off the corpse by the dead man's brother before the funeral in the hope of proving there was no biological child. Justine Cavanagh, a lawyer at Stacks Law Firm who specialises in family and property law, as well as wills and estates, said the unusual recent NSW Supreme Court case shows how DNA is being used increasingly in arguments over who inherits estates, particularly when there is no will. "Under NSW Succession laws when a person dies without leaving a will, the first person who stands to inherit is the spouse, then the children," Ms Cavanagh said. "In this case there was no spouse or de facto to inherit, but there was a son. The deceased's brother sought to prove his brother did not father a son by DNA testing the deceased's tissue. "Under the law, if there is no will, no spouse and no children, the estate would have gone to the brothers' mother, then siblings. At stake was a million-dollar property." The court heard the brother reached into the coffin and cut off part of his dead brother's ear before the coffin was sealed and the body cremated. The brother kept the ear sample in a glass jar in his freezer for more than a year. But when the brother contested the inheritance, the frozen ear was revealed to police. The brother pleaded guilty to interfering with a corpse and was fined $1500. In earlier proceedings, the son had agreed to familial DNA testing with samples from the deceased's rela- tives. The court heard the familial tests found a 99.9 per cent probability he was the deceased's biological son. The brother then applied to the Supreme Court to order police to return the frozen ear to him. Justice Michael Slattery said it was not clear why the brother wanted the ear, but it may be so it could be DNA tested to challenge the earlier familial DNA test. The court dismissed the brother's motion, but the case highlights how DNA is becoming increasingly impor- tant to assist in inheritance disputes. "Secretly cutting off an ear in the coffin is certainly not the way to go about it. The usual method, with consent of senior relatives, is to take a hair sample, or mouth swab of the living," Ms Cavanagh said. "DNA testing can establish the biological heirs to an estate when there is a dispute. If there are doubts about a person's right to inherit an estate, it would be wise to seek legal advice early." STACKS LAW FIRM Justin Stack Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The strange inheritance case of the ear kept in the freezer An ear kept in the freezer was at the centre of a recent court battle over an inheritance . The ear was secretly cut off the corpse by the dead man's brother before the funeral in the hope of proving there was no biological child . Justine Cavanagh , a lawyer at Stacks Law Firm who specialises in family and property law , as well as wills and estates , said the unusual recent NSW Supreme Court case shows how DNA is being used increasingly in arguments over who inherits estates , particularly when there is no will . " Under NSW Succession laws when a person dies without leaving a will , the first person who stands to inherit is the spouse , then the children , " Ms Cavanagh said . " In this case there was no spouse or de facto to inherit , but there was a son . The deceased's brother sought to prove his brother did not father a son by DNA testing the deceased's tissue . " Under the law , if there is no will , no spouse and no children , the estate would have gone to the brothers ' mother , then siblings . At stake was a million - dollar property . " The court heard the brother reached into the coffin and cut off part of his dead brother's ear before the coffin was sealed and the body cremated . The brother kept the ear sample in a glass jar in his freezer for more than a year . But when the brother contested the inheritance , the frozen ear was revealed to police . The brother pleaded guilty to interfering with a corpse and was fined $ 1500 . In earlier proceedings , the son had agreed to familial DNA testing with samples from the deceased's rela- tives . The court heard the familial tests found a 99.9 per cent probability he was the deceased's biological son . The brother then applied to the Supreme Court to order police to return the frozen ear to him . Justice Michael Slattery said it was not clear why the brother wanted the ear , but it may be so it could be DNA tested to challenge the earlier familial DNA test . The court dismissed the brother's motion , but the case highlights how DNA is becoming increasingly impor- tant to assist in inheritance disputes . " Secretly cutting off an ear in the coffin is certainly not the way to go about it . The usual method , with consent of senior relatives , is to take a hair sample , or mouth swab of the living , " Ms Cavanagh said . " DNA testing can establish the biological heirs to an estate when there is a dispute . If there are doubts about a person's right to inherit an estate , it would be wise to seek legal advice early . " STACKS LAW FIRM Justin Stack Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life