Are Inheritance Rules Different For Adopted Children?
In her latest Timms blog, Trainee Solicitor, Leonnie Watson discusses “Are Inheritance Rules Different For Adopted Children?”
When a child is adopted, the child and birth parent no longer have a legal connection. This is because the legal connection is then between the child and their adoptive parent(s). That being said, a child can still potentially inherit from either their adoptive parents or their biological parents, depending on when the adoption process is finalised.
Inheritance Rules If The Child Is Not Formally Adopted
If the child is not actually formally adopted into the family (i.e. the point of ‘legal transfer’). Then the child is treated in the eyes of the law as having the same status as a child who is fostered. This means that the child has no right to claim inheritance from their future adoptive parents. However, they do have the right to claim from the estate of their biological parents up until the adoption process is finalised.
What Are Inheritance Rules For Legally Adopted Children
However, the original Adoption Act 1976 states that once legally adopted, the same inheritance rules apply as they do for biological children. So, in the event of adoptive parents not leaving a Will, the adopted children are treated with the same equality as biological children and would inherit following the rules of intestacy. For further information, please see my colleague Jo’s blog about the intestacy laws here.
This does not mean that a birth parent cannot still choose to include their biological children in their Will, despite being adopted. If a biological parent chooses to do so, as long as none of their other family members contest the Will, this will be honoured.
On the other hand, if a biological parent did not leave a Will, because the biological parents’ legal parental rights have been terminated, the child does not have an automatic legal right to the biological parent’s inheritance or assets.
The best thing to do, as either a biological parent or an adoptive parent is to make a valid Will to specify what a person is to inherit. It is good practice for anyone who wants to ensure that their loves ones are cared for after their death.
If you would like to make a Will then please contact me at l.watson@timms-law.com or via phone on 01332 364436. Alternatively, you can visit the Wills and Probate section of our website here.
January 2022