This year will mark 100 years since adoption became a formal legal process, granting adoptive parents the same legal status and rights as birth parents. When it comes to the inheritance rights of adopted children, many questions can arise. One common question we receive is whether adopted children are entitled to inherit from their biological parents’ estate.
Adopted person’s inheritance rights
Once a child is formally adopted, they are legally the child of their adoptive parents. The Adoption of Children Act 1949 gave adopted children the same legal status as biological children for inheritance and intestacy purposes. From the moment the adoption is completed, the biological parents’ legal rights and responsibilities are terminated. This means that an adopted child can no longer inherit from their biological parents’ estate unless they are mentioned in a valid will. However, an adopted child gains full inheritance rights of their adoptive parents.
Who inherits an adopted person’s estate?
If an adopted person dies intestate (without a valid will) and has no spouse or children, their estate will usually pass to their adoptive family in accordance with the UK intestacy rules. For more information, read our article about understanding the rules of intestacy.
How probate researchers find adoptive families?
When creating a family tree, we begin by obtaining key documents such as birth, marriage and adoption certificates. These documents verify any legal changes, so that we can identify and trace the correct next of kin.
An adoptive certificate will include the child’s details, adoptive parents’ names and registration details. It should be noted that an adoptive certificate does not list biological birth parents.
Known issues
An adopted person may contact their birth parent in adulthood. However, if the biological parent dies intestate (without leaving a valid will), the adopted child will not be legally entitled to inherit from their estate. Discovering this can cause uncertainty and emotional distress, particularly when the individual has developed a relationship with their birth parent later in life.
This can be prevented by creating a will that clearly sets out how you wish your assets and estate to be distributed. A valid will can help avoid disputes by providing clarity for beneficiaries and ensuring your intentions are clearly communicated.
Conclusion
National Adoption Week allows us to improve the understanding of inheritance rights of adopted people. It is important to know whether you or your family members may be entitled to inherit from an estate. As probate researchers, we identify and locate all beneficiaries entitled to an estate, ensuring they receive their rightful inheritance. If you have lost a loved one who died intestate and require heir tracing services, we are here to help. For more blogs like this, click here.
