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Original poster

Inheritance to adopted child

181 replies

harlacem0507 · 07/03/2025 21:53

This is a very delicate/awkward post but I just need some advice.

My grandfather died 3 weeks ago, expected, a good age of 93, we were all with him. His will stipulates that his house/money goes to his 3 children, should any of them pass away before he did, the money that child was due to get goes to their children.

My dad passed away 3 years ago suddenly. I'm still grieving and will never get over it. However, my parents adopted me when I was 4 years old. My uncle (he's awful) has dropped hints that he will contest the will because I am not a biological child and I shouldn't get my father's share. My question is, will be have a case? The best of it is, I'm not bothered about the money, I have money and my OH has a good job and it won't be millions but still a good amount obviously, but it hurts more because he obviously doesn't see me as 'real' family? I mean that in itself just devastates me but what also bothers me is that I don't want him to get my dad's share either because he doesn't deserve it after what he has said about his own brothers daughter. Does it matter if I'm adopted?

OP posts:
Laurmolonlabe · 09/03/2025 23:45

I'm assuming you were legally adopted, if so, your legal rights are identical to a biological child.
Your uncle can contest (anyone can under English law ), but his chances of success would be virtually zero.

Regretsmorethanafew · 09/03/2025 23:26

crockofshite · 09/03/2025 23:10

I'm pretty sure a will has to specify beneficiaries by name, address, DoB, rather than just 'children' or 'grandchildren'

Have you seen the will?

You may be pretty sure, but you are wrong.

crockofshite · 09/03/2025 23:10

I'm pretty sure a will has to specify beneficiaries by name, address, DoB, rather than just 'children' or 'grandchildren'

Have you seen the will?

Regretsmorethanafew · 09/03/2025 22:44

Samsonshairdresser · 08/03/2025 07:40

I think OP has the right to be upset and uncle is below contempt.

Out of interest, what would happen in this scenario: adopted child identifies/reunites with biological parent. If biological parent of adopted child dies without a will (or leaves estate “to my children”), does adopted child have a claim? Probably one for the courts rather than Mumsnet, but just curious.

Not a difficult question, no need for court, the answer is no. Adoption severs all legal relationships to bio family, and replaces it with legal relationships to adopted family. You do not inherit from bio family, unless specifically named as a beneficiary.

TriciaA1991 · 09/03/2025 22:39

@Pickleball1001 Am so sorry. This wouldn't be most grandparents view. They would be delighted their son had a child to love and would see you as THEIR grandchild. Sending love xx

Echobowels · 09/03/2025 21:12

harlacem0507 · 07/03/2025 22:16

Thank you all, you know when my dad passed away despite him being devastated as I know he did love him, one of the first things he said was 'well at least the will only gets split in half now' meaning himself and my auntie (he hadn't realized grandchildren were also in the will) he's so money orientated it makes me sick. But once this is done and the funeral is done he's basically out of my life, I find it more disrespectful to my dad then I do to myself.

That's a disgusting thing for him to have said.

OP, I'm so sorry for your loss. X

Timetobequiet · 09/03/2025 21:08

I am so sorry your Uncle is putting you through this. I have a combination of adopted and birth children. My understanding (from when we wrote our wills) is that child is sufficient no futher proof required. Of course, the wording of the will to be taken into account but unless the will specifies then he won't be able to challenge anything.
I am sorry for both the loss of your Dad and your Grandad

Pickleball1001 · 09/03/2025 21:05

Sorry you are going through this, and that your Uncle is being so difficult. He won't have a case for contesting the will, as many others have said (I've not read the full thread), legally adopted children have the same rights as biological.

I can understand why you feel hurt by your Uncle's reaction. I'm adopted and my Grandparents will left everything to be split between my dad and his brother. It also specified that if either of them died before my grandparents, my Dad's share was to go to my Uncle, but my Uncle's share was to go to his daugher. It actually upset my Dad more than it did me, I just accepted we weren't really seen as part of the family.

TriciaA1991 · 09/03/2025 20:57

I just want to send you big hugs and love. Your Dad adopted you and loved and you ARE his "real" child.
I was recently an executor for my Mum who left it to her grandchildren. One of my siblings is now not speaking to me as she thought she should have the money and it was my Mum's "duty" to leave it to her children. She talked about contesting the will (there were no grounds) but didn't. None of the rest of us could understand it as effectvely sister was claiming against her children and nephews and nieces - who needed the money much more. Some people are just money grabbing and horrible. We are better without them. Good luck xx

Mackerelfillets · 09/03/2025 20:22

We have adopted kids and a birth child. In law all 3 have exactly the same rights. Once adopted a child has the same rights as a birth child. Your odious Uncle can't claim your inheritance.

LovelyLeitrim · 09/03/2025 19:36

Owl55 · 09/03/2025 19:34

Surely your mum can get a copy of the will as presumably he left something to her too . You are legally entitled to anything your lovely dad left to you as a loved adopted daughter x evil uncle !

Why would anything be left to OPs DM?

Owl55 · 09/03/2025 19:34

Surely your mum can get a copy of the will as presumably he left something to her too . You are legally entitled to anything your lovely dad left to you as a loved adopted daughter x evil uncle !

GiveDogBone · 09/03/2025 19:24

He has no case. The law does not distinguish between adopted children and biological children. In fact, if your grandfather had stipulated his Will as your uncle suggested, then you would have a case against him. Speak to a solicitor to get piece of mind.

TheaBrandt1 · 09/03/2025 18:54

What is in the will would take precedence. But if you say “child” in a will the act states that automatically includes legally adopted children. You would have to specifically say otherwise to exclude a named adopted child if you wanted to leave them out. Which the grandad didn’t do.

saffronspices · 09/03/2025 18:54

Be thankful he's not your adoptive father, what a horrible man 🩷

Kag13 · 09/03/2025 18:42

So even if the will stipulates birth grandchildren the law covers it.

Semiramide · 09/03/2025 18:40

Who is the Executor, @harlacem0507 ?

I hope it's not the uncle...

Kag13 · 09/03/2025 18:40

harlacem0507 · 08/03/2025 10:31

I've just thought, I mean I was adopted in 1992, my mum has the adoption certificate somewhere, am I gonna hunt that out to get that as proof then? Because I don't think my name or any of us grandchildren are named specifically in the will just that it goes to the child's child/ren

If you can’t find it, the court where it was made can provide a copy. The files are kept for very many years.

Kag13 · 09/03/2025 18:37

harlacem0507 · 07/03/2025 21:53

This is a very delicate/awkward post but I just need some advice.

My grandfather died 3 weeks ago, expected, a good age of 93, we were all with him. His will stipulates that his house/money goes to his 3 children, should any of them pass away before he did, the money that child was due to get goes to their children.

My dad passed away 3 years ago suddenly. I'm still grieving and will never get over it. However, my parents adopted me when I was 4 years old. My uncle (he's awful) has dropped hints that he will contest the will because I am not a biological child and I shouldn't get my father's share. My question is, will be have a case? The best of it is, I'm not bothered about the money, I have money and my OH has a good job and it won't be millions but still a good amount obviously, but it hurts more because he obviously doesn't see me as 'real' family? I mean that in itself just devastates me but what also bothers me is that I don't want him to get my dad's share either because he doesn't deserve it after what he has said about his own brothers daughter. Does it matter if I'm adopted?

Please google the Adoption and Children Act 2002nd show this to your uncle

Section 67 Statue conferred by adoption
(1)An adopted person is to be treated in law as if born as the child of the adopters or adopter.
(2)An adopted person is the legitimate child of the adopters or adopter and, if adopted by—
(a)a couple, or
(b)one of a couple under section 51(2),
is to be treated as the child of the relationship of the couple in question.

i hope this helps you. How unkind of him.

Mischance · 09/03/2025 18:34

Well he sounds a charmer!

Put him aside; ignore him - just enjoy memories of your wonderful Dad. xx

BeMintSwan · 09/03/2025 18:28

I'd be interested in what your aunt says. Does she think her brother despicable and support you?

ExcessiveNumberOfNinjas · 08/03/2025 12:11

Your uncle is a grabby, horrible pig of a man.

YYURYYUCICYYUR4ME · 08/03/2025 11:46

It is very sad how money brings someone's real thoughts and personality to the surface.

Blondeshavemorefun · 08/03/2025 11:36

Wow. What an arse your uncle is - I wanted to write the C word but I’m too polite

disgusting man

sure your dad his Brother would be appalled to know this

you were adopted so have the same rights as blood relatives

so no he has no rights to contest the will and your dads share (sorry for your loss) will go to you /split with any siblings if you have any

edited to say see you are splitting with your mum and assume you are an only child

TroysMammy · 08/03/2025 11:28

I'd be quite tempted to say "Uncle Bob - Grandad, Auntie Sue and Dad are lovely people but I find it hard to comprehend why you are so awful. Are you sure you weren't swapped at birth?" Put that niggle of doubt in his mind. Horrible man.