There are many misunderstandings when it comes to adopted children rights to inherit, including questions such as if they can inherit from their biological parents’ estate. Inheritance (Provision for Family and Dependants) Act 1975 plays a role of addressing these questions, yet confusion often remains over what inheritance rights do adopted children have.
Every October, National Adoption Week raises awareness and celebrates adoption across the UK. In this blog, we’ll take a closer look at the inheritance rights of adopted children, especially in cases where a parent dies without leaving a will (known as intestacy).
Inheritance Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to challenge the distribution of a deceased person’s estate if they feel the will or the intestacy rules do not provide them with sufficient financial support.
Eligible claimants include:
- The spouse or civil partner of the deceased
- A former spouse or civil partner
- A child of the deceased
- Someone treated as a child of the family
- A person who was being maintained by the deceased
When Can An Adopted Child Inherit?
Once a child is formally adopted, they are legally regarded as the child of their adoptive parents. From the moment the adoption is completed, the biological parents’ legal rights and responsibilities are terminated. This means that adopted children can no longer inherit from their biological parents’ estate, unless mentioned in a will.
However, the adoptive child does gain full inheritance rights from their adoptive parents, just like any biological child.
Adopted Children Inheritance Rights
When a person dies without leaving a will, their estate is distributed according to the rules of intestacy. Under these rules, an adopted child has the same inheritance rights as a biological child of the deceased. This means that the adopted child may be entitled to a share of the estate.
Whereas foster children and stepchildren are not legally entitled to inherit under the intestacy laws, unless they have been legally adopted. However, a foster or stepchild may be able to make a claim under the Inheritance Act 1975 if they were being financially supported by the deceased. Claims must be made within six months of the grant of letters of administration and reviewed by the court.
Common Issues
Sometimes, adopted children may reconnect with their biological parent later in life. If a biological parent passes away without a will, the adopted child has no automatic inheritance rights to inherit from that estate. This can lead to confusion and emotional difficulty when learning they are not legally entitled to an inheritance.
How To Prevent Disputes
- Make a will: Writing a will can clearly outline how you want your estate to distributed and align your wishes
- Discuss estate plans: Biological and adoptive parents should communicate to their children and family about their estate planning. It important disclose any existing wills and inheritance intentions.
Final Thoughts
Understanding the inheritance rights of adopted children is important for families and individuals. This can help estate planning and future disputes by having arrangements in place. We’re experts in locating missing beneficiaries and identifying unclaimed estates. If a loved one has passed away intestate or you’re unsure if a will exists, we’re here to help. For more blogs like this, click here.
