Section 33 query

Mojisola

vigman wrote: »

Bill and his wife adopted the children together several years ago.

The over 18 child has severe special needs and lives in sheltered accommodation. Would a trust have to be set up for her because of this?

In that case, the adopted children are treated like blood relations and should inherit his share.

His wife won't inherit anything.

Trusts in these cases are complicated and the executor should take legal advice about the child with special needs.

Ganga

MichelleUK wrote: »

In England, children that have been officially adopted by the deceased are ranked the same as natural born children. Step children are not, unless they have also been adopted.

Can i ask a question regarding the above,if a man with two children ( a widower) married again and had another child,died before his wife,would the two original children be classed as stepchildren regarding any inheritence from the wifes will?

Mojisola

Ganga wrote: »

Can i ask a question regarding the above,if a man with two children ( a widower) married again and had another child,died before his wife,would the two original children be classed as stepchildren regarding any inheritence from the wifes will?

Yes. If she died intestate, everything would go to her child.

She could leave her step-children a share in a will.

vigman

Is there some definitive site please where it clearly states that step children cannot inherited their deceased parents share of an estate.

The family solicitor seems to have some trouble understanding this!

TIA
Vigman

Mojisola

vigman wrote: »

Is there some definitive site please where it clearly states that step children cannot inherited their deceased parents share of an estate.

The family solicitor seems to have some trouble understanding this!

Do you mean 'their deceased step-parent'?

vigman

Mojisola wrote: »

Do you mean 'their deceased step-parent'?

Yes, thanks for that.

Also how do we prove that Fred's children were step children and not adopted (we know they weren't but how do we prove this when adoption information is not publicly available)?

TIA
Vigman

Mojisola

vigman wrote: »

Also how do we prove that Fred's children were step children and not adopted (we know they weren't but how do we prove this when adoption information is not publicly available)?

I would think it's the other way - the step children should be asked to provide evidence that they were adopted. If they can't prove it, they don't get any inheritance.

Have you asked the solicitor why he/she thinks that the step children should inherit? Ask for the law the thinking is based on.

vigman

It is difficult as I am doing this without direct contact with the solicitor but I believe they are saying it depends on whether the step children were dependent on their deceased father!?

The executor does not want to contact this family or even notify them of a possibility of any inheritance because of unpleasant dealings in the past. We know from talking to the stepfather before his death that the children were not adopted. Could the execution of the will go ahead assuming this as the fact?

Vigman

Yorkshireman99

It is never wise to assume anything particularly where the decision could be controversial or potentially give rise to litigation. AFAIK the dependency issue only becomes relevant if a claim is made because someone has not been financially provided for. If the solicitor is th executor then it is his decision and he has insurance in case he gets it wrong.

Mojisola

vigman wrote: »

It is difficult as I am doing this without direct contact with the solicitor but I believe they are saying it depends on whether the step children were dependent on their deceased father!?

If they were financially dependent on him, wouldn't there be evidence in his bank accounts?