Invalid Will? Adopted children..

PasturesNew

In SOME, very few, cases, of adoption, it is still possible for the child to make a claim against their natural parent's estate. But it's rare - and not in this case as it's irrelevant. But, for the purpose of backing that up:

IF one were adopted, then got back in touch with your birth parents - and IF you then stayed close to them, maybe moved in with them, lived with them, could evidence a STRONG close/familial tie since you'd rediscovered each other. With paper evidence that they'd welcomed you back and loved you as if they'd never ever had you adopted..... then there can be a case to pursue it.

But that's very rare.

Many get in touch and send Xmas cards a few times; few move back in with their original parents and stay there for years etc.

So it'd have to be a STRONG re-connection, arguable in law by providing proof/evidence that any rift had been cemented over.

PasturesNew

getmore4less wrote: »

No they don't if the value of the estate is high enough.

Not many are/have been, in the majority of the country, until very recently, for some.

Although this one is looking like it's more than the usual few bob.

I think Londoners forget those thousands and thousands and thousands of houses across the whole of the north, the midlands, wales, rural bits and bobs, that are £80-120k. Indeed, many areas peak out at £250k for a regular house (2-3 beds, maybe a semi if you're lucky).

getmore4less

I think the basics have been covered re: adoptions and rights

I don't think this was covered apologies if it has.

Typically when adopted into a family you become the child of 2 parents not one.

The typical inheritance route is spouse then kids.

The time to query is when the dad dies.


And there is only inheritance rights when the deceased is intestate not when there is a will(in many cases).

I think most of the errors/mistakes were covered except one(will read again to check).

theoretica

One thing which I don't think has been stated here is that while the adoptive mother has died, the adoptive father is I gather still alive. It is extremely common for children not to inherit anything when the first parent dies, but for it to all go to the surviving spouse.

If the father later dies intestate then the adopted child would have a claim, but as the mother had a will the father may well too.

(I see I typed too slowly!)

winnie85

Really appreciate all the advice. Im particularly enlightened by the fact of children born after wills made point. I had no idea thats the stance of the english law. I wonder how many other cases has had similar misfortune. Useful for my own wisdom in the world, less welcomed in the case of my friend. Im going to continue researching the grounds with this point, and any loop holes sometimes found. If anyone has any leads please post, otherwise thanks again for the help today.

getmore4less

elsien wrote: »

The law does recognise the adoption. But it is up to the person making the will to ensure it is updated every few years or after any major changes.
In the same way that if I made a will leaving everything to a husband, got divorced and didn't change it, he'd still stand to inherit.
Life circumstances, as a rule, do not invalidate wills.

The will remains valid but any spouse legally is treated as if they died the day of the divorce(can't be executor either).

Yorkshireman99

PasturesNew wrote: »

In SOME, very few, cases, of adoption, it is still possible for the child to make a claim against their natural parent's estate. But it's rare - and not in this case as it's irrelevant. But, for the purpose of backing that up:

IF one were adopted, then got back in touch with your birth parents - and IF you then stayed close to them, maybe moved in with them, lived with them, could evidence a STRONG close/familial tie since you'd rediscovered each other. With paper evidence that they'd welcomed you back and loved you as if they'd never ever had you adopted..... then there can be a case to pursue it.

But that's very rare.

Many get in touch and send Xmas cards a few times; few move back in with their original parents and stay there for years etc.

So it'd have to be a STRONG re-connection, arguable in law by providing proof/evidence that any rift had been cemented over.

Have you got a cite for this? As far as the law stands there is no family connection whatsover.

getmore4less

PasturesNew wrote: »

Not many are/have been, in the majority of the country, until very recently, for some.

Although this one is looking like it's more than the usual few bob.

I think Londoners forget those thousands and thousands and thousands of houses across the whole of the north, the midlands, wales, rural bits and bobs, that are £80-120k. Indeed, many areas peak out at £250k for a regular house (2-3 beds, maybe a semi if you're lucky).

Plenty of rich people hiding up north.

Not had those monster mortgages to pay.

PasturesNew

Yorkshireman99 wrote: »

Have you got a cite for this? As far as the law stands there is no family connection whatsover.

All I can do is swear that I watched an episode of Heir Hunters that covered such a case and it was explained on there.

Yorkshireman99

PasturesNew wrote: »

All I can do is swear that I watched an episode of Heir Hunters that covered such a case and it was explained on there.

They could have inherited by will but not under the intestacy rules which many heir hunters cases are concerned with. A few cases dealt with by the heir hunters come from solicitors who have been unable to trace beneficiaries in a will.