Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Martin Mallon was featured in The Australian. Martin discussed the case of suspected killer Jon Winfield and what it means for his secret daughter, Sonia Lee, who may be able to confirm paternity by applying to the NSW Supreme Court. Despite Sonia having not expressed an interest in an inheritance from Winfield, she could be entitled to make a claim on his estate when he dies.
Friday 11 October 2024. Written by David Murray, National Crime Correspondent.
The secret daughter of murder suspect Jon Winfield could take legal action to force him to undergo a paternity test to expose his lying after he denied being her biological father, lawyers say.
Sonia Lee has a right under NSW law to take the issue to court, as a new episode of the Bronwyn podcast reveals Mr Winfield’s side of the story from his one and only formal police statement about the 1993 disappearance of his estranged wife, Bronwyn.
Solicitor Martin Mallon, an estate litigation specialist from Attwood Marshall Lawyers, said Sonia Lee could confirm paternity by applying to the NSW Supreme Court for orders under the state’s Status of Children Act.
It would require affidavits supporting her claim to be Mr Winfield’s biological daughter.
“The court would direct the parties to obtain a DNA test,” Mr Mallon said. “I’ve come across matters where people want to find this information out to know what health issues they should be looking out for. Some people may just want to know who their biological parents are. You don’t need to say why you’re seeking the order.”
Sonia Lee has not expressed an interest in an inheritance from Mr Winfield, but Mr Mallon confirmed she could also be entitled to some of his estate.
“If you’re an eligible person and you’ve been left out of the will, or you receive significantly less than the other beneficiaries, you can file an application to seek further provision, so money from the estate is paid to you for your proper maintenance and support,” he said.
“If she can establish she’s the biological daughter, then she would have standing to file a claim against the estate.”
