Solicitor Jack Dray answers the frequently asked question, ‘What inheritance rights do adopted children have?’
Section 39 of the Adoption Act 1976 states that an adopted child is to be treated as a biological child of their adoptive parents. This means that under the Inheritance Act an adopted child has the same inheritance rights as biological children. They are therefore entitled to bring a claim against a deceased person’s estate for financial provision.
When an adopted child makes an Inheritance Act claim against their adoptive parent’s estate, it is essential to look at whether the financial provision under the Will or intestacy rules is reasonable. When analysing this, the courts will take into account several factors, such as:
- The adopted child’s financial circumstances;
- The adopted child’s financial needs;
- The size of the estate; and
- The needs of any other beneficiaries of the estate.
Adopted children may also be able to bring a claim against their biological parent’s estate if they are able to evidence that they maintained a relationship with the biological parent and can be classed as a ‘child of the family’ under section 1 (1) (d) of the Inheritance Act.
Furthermore, an adopted child is entitled to challenge the legal validity of a Will made by either their adoptive or their biological parents. This includes challenges made on the grounds of lack of capacity, undue influence, fraud and forgery, where they were a beneficiary under a previous Will (or intestacy) and would stand to inherit if the latest Will was declared invalid.
When considering the question, ‘What inheritance rights do adopted children have?’ particular consideration must be given to the intestacy rules. An adopted child will be treated as a biological child of the deceased under the intestacy rules. This means that if their parent passes without making a Will, the adopted child will be treated the same as the deceased’s biological children.
For example, if the deceased had two biological children (A &B) and a third child that they adopted (C) and died without leaving a Will and without a surviving spouse, the deceased’s estate will be divided in equal shares between A, B and C.
If you require guidance on the inheritance rights of adopted children, then please call us on 0333 888 0407 for a free initial case assessment. Alternatively send brief details to us at [email protected]