Inheritance - adoption

givememoney

Hi

My husband has a son in Oz. To allow him to be taken out of the country when he was small he was `adopted` by his ex. wife's new husband.

My question is this. Would he still have a claim on my husband's estate bearing in mind this adoption?

Raggs_2

I'm no expert, but I'd guess possibly.

However, as long as there is a will, then it's going to be hard to contest. And on top of that, if the will explicitly mentions the son, and the fact he's getting nothing/specifics, then he will have no claim at all.

Except perhaps for Scotland, where last I read biological children have a small percentage claim on liquid assets (though who knows whether or not he'd still have any claim).

dzug1

The process of adoption means that inheritance rights from the birth family are lost and replaced by similar rights in the new family.

So no - he has no claim The same is true in Scotland.

I'm no expert either but I just looked it up.

The birth father can specifically leave him money if he wishes - but that doesn't alter the rights.

velvetybubbles

i would of thought so as hes a blood relative

Browntoa

no , adoption removes all rights from the genetic line and replaces it with the adopted parents

ALIBOBSY

There was a case on that programme heir hunters like this. Son was adopted by step dad, but later got back in close contact with his biological Dad. Dad assumed as they were blood all would go to his son and didn't bother with a will ( he specifically told son and friends the house would be his "when I am gone").
Due to adoption sons claim to the estate was thrown out and a really distant cousin got the lot.

ali x

John_Pierpoint

He was adopted not "adopted". It was done legally or not at all. It is like not being a little bit pregnant.
The two of you have the documentation to prove it?

This child is in no way "dependent" - ie he is self supporting, not handicapped with some sort of trust arrangement?

In wills you can find "I leave £1.....0 to my dear old friend Jim Smith so he can use it wisely" - That might be code for Jim has agreed to look after my mistresses !!!!!! child.