Inheritance to adopted child

[harlacem0507]

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?

Wow, what a greedy pig your uncle is. You've grown up in that family and he thinks (wrongly) that he can cut you out? I hope he gets poor legal advice and goes on to lose all of his own share contesting. He'll likely have to pay any legal costs you incur when he loses. Sorry for your losses OP.

He”s not your Uncle is he, he’s not blood ….thank god! Do tell him that.

He’s a vile piece of work.
He is also wrong with his “facts”.

Who are the 2% voted YABU? I presume this was by accident.

Presumably this is why the will of an aunt of mine left her money to be split between nieces and nephews, or if any had died beforehand, to their children - whether legitimate or illegitimate, natural or adopted.

I’d guess that was down to a solicitor making it watertight.

You need to have a word with the other sibling and see where she stands.

Unfortunately, there’s sod all requiring people to behave well. If he is the only executor, he could simply fail to do the right thing and leave you to challenge him- expensive and slow. It’s a civil thing, rather than a police thing, I think.

I was shocked to see how little supervision there is for wills being honoured. It’s very much an honour system, it seems to me.

@harlacem0507 you need to get ahead of him on this.

I’m sorry about the loss of your dad and grandad. How sad.

Sorry to hear that uncle is making this time now awful for you.

It's really important - who is the executor of the will?

Really hope grandad didn't appoint his sons.....

Executors don't have a choice. A will is a legally valid document that must be followed and carried out. An executor can be removed by the court if they don't follow it (different if trusts involved).
That's the point of making a will ... Stating your wishes so they will be carried out. No 'hopefully do the right thing about it'.

Not having a go at you @autisticbookworm just trying to explain 🙂

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.

No the child would not have a claim on their bio parents estate. They are not their parent anymore. Unless the will stated specifically to leave “named person” (adopted name) specific amount of money but that would be no different than leaving it to any other person. But for a general “my children” no.

Legal adoption incurs the same rights as if you had given birth to that child.

OP your uncle is a nasty bastard but happily for you he’s a nasty bastard without a leg to stand on. At least you know what kind of person you’re related to now and can stay clear of him. I’m sorry you’re having this stress but ignore him.

Im so sorry you’ve lost your lovely Dad xx

Ironically, he’d be wrong about this if the will wasn’t changed even if the grandchildren (which as PPs have said includes adopted children) weren’t mentioned in the will!

The Wills Act s.33 says if a child pre deceases their parent, that child’s children inherit in their parent’s place from the grandparent’s will. Most solicitors write it out to prevent lay executors making a mistake but legally, you’d get your father’s share even if the will still left the money to him.

This only works in direct lines of descent (so if Great Aunt Ethel leaves her niece money, the nieces’s daughter doesn’t automatically get the money if her mother predeceases Ethel).

A common legal terminology for children is "issue" for example "my house to my daughter or if she pre-deceases me, her issue", seen it many times in wills.

As that is an arcane bit of terminology, the question would be if it was used if it means only birth children, I'm sue a lawyer can enlighten.

You need to see the wording.

What a nasty man. I'd avoid him like the plague and let him waste his time and money contesting if he wants. Tell others in the family you're grieving and don't want them to pass on anything he's saying about money.

@LemograssLollipop I know but then it would be the op having to go to court and fight. A lot easier on the op if the executors do their job and it's on her uncle if he wants to argue it.

There is not even an argument to be had here. Legally adopted confers the same legal rights as a biological child.

If you have your biological child legally adopted by someone else if you want to include them in your will you have to specifically name them. They would not come under the legal definition of your child any more.

If you are legally adopted he hasn’t a leg to stand on. Hopefully a solicitor will put him right.
People behave so weirdly when money gets involved.

Thankfully he hasn't got a chance. What a greedy piece of shit.

It’s not. ‘Issue’ means legal children including adopted.

It’s only if the will excludes adopted children that the OP doesn’t inherit.

Edited to say: unless a title is involved. Only children ‘of the body’ born within marriage can inherit a title. I assume that if that (very limited) circumstance applied, the OP would have mentioned it, though!

Thanks for the clarification.

Unfortunately if there is even a tiny hint of money the leeches come out from the cold.
You are legally adopted so you should be treated the same.

When mil passed away an estranged grandson (not seen or spoken in 17 years)
tried to contest the will. He spoke to 8 solicitors who all told him that he had no chance of winning. His father and mother had been left out of the will for the same reason.
He thought we were stupid and sent a letter which he made up from the internet.
We told him we will see you in court.
It's been nearly 5 years and apart from telling everyone that we were thieves there has been no court case.
Mil was in a nursing home at the end and the only money left was £23k.
He was thinking how much before she went in.

Well played your dad!

I understand why your upset, crass behaviour from him.

I think you will be absolutely fine 💞

Emotionally, morally and legally you are your father’s child. What a horrid thing to even think, let alone say or act on.

First of all, very sorry for both of your losses xx

Wouldn't it be great if when you do see the will your grandad had decided to cut dickhead uncle out of the will? 😂

Regarding your OP, unless you are nearly 100 years old, you are absolutely entitled to inherit, as the 1928 adoption act made adoption a legal process whereby the adopted child loses all rights to their biological family's inheritances but gains all rights to their new family's inheritance.

Doesn't dickhead uncle watch heir hunters?!

You were his real grandchild as you are real. Your uncle should be ashamed of himself. Sadly people like that rarely are.

If your grandad had not wanted you to get your dads share he would have written the will in such a way. Your grandad however DID want his grandchildren to have that share if one of his children went before him. Your uncle has no way to contest he I assume will get 1/3 of anything so isn't left destitute. Nor would I assume he was financially dependent on his father.

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?

No. I'm the adopted child in touch with my biological family. I'm not legally entitled to anything left to "children". I would have to be specifically named if any of them want to leave me anything. (I have no expectations 😁)

if you don;t really need the money, fight the uncle,then let him know that it's being donated to charity.