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?

Just jumping on to add my voice to those who say what an absolute weapon your uncle is. If my brother tried to treat my (adopted) kids like that I would be devastated. He would not because we are all family. That is the point.

That’s not really happened in the Uk for about a century, when legal adoption was available ( 1926 in England and 1930 in Scotland ).

Even before that, usually what happened was that the birth was registered to the biological mother and the actual adoptive father as the supposed biological father. This meant that the child still had a legal link to the adoptive parents.

And it wasn’t so much that the adoptive parents were more respectable. they were often of a similar social class to the birth parents. It was more that adoption was seen a neat solution to 3 social problems

• a baby born outside marriage, the social stigma for the mother ( not the father of course ) , no financial support for the mother unless her family stepped in, no where to live , no childcare so she could work, she would be unable to make a good marriage in future
• the stigma of illegitimacy for the baby, the prospect of growing up in poverty
• married couples who were infertile and wanted a baby.

At the time it was seen as win win win.

OP request a copy of the will. Adoption confers on you the same status as any of your siblings, so unless your grandfather has specifically excluded you or stipulated ‘birth’ children (which from what you’ve said, I very much doubt) then you will inherit as you should. If the will has no such stipulation and Uncle Dickhead continues to bang on, tell him he’s welcome to waste his share of the inheritance on contesting it. I’m so sorry for both your losses OP - l lost my own dad young and l miss him every day. The upside is that once this is done and dusted, you won’t have to clap eyes on this awful man ever again.

oh yes to this!!!

I didn’t mean ‘class’ by ‘socially acceptable’, I meant (as you say) married.

I think the above was more common in middle class families.

In my working class family back in the 40s there was at least one incidence of a girl’s ‘brother’ actually being her child. You can’t register the husband as the father when he’s the mother’s father too!

I hasten to add that we are also fairly sure (from resemblance to her eventual husband) that this was not a case of incest.

I am so sorry for your loss, unfortunately greed makes people absolutely horrid, it truly does.

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.

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

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

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

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

Well he sounds a charmer!

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

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.

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

Who is the Executor, @harlacem0507 ?

I hope it's not the uncle...

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

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

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.

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.

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?

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.

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

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.

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