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Can I include my adopted out niece in my will?

27 replies

oppen · 07/11/2018 18:26

I’m new so please forgive me if this is the wrong section to post in.

Long story short is that my niece was put up for adoption after a long drawn out battle with social services, courts etc.

She has been with her adoption family for 4 years now and I pray to god that she ok and doing well.

After several deaths in our family (elderly members) I am now redoing our wills. My parents have changed theirs but as it is highly likely they will have passed before my niece has the option to contact us they have left it to me to include her in their estate which I will inherit should this be possible.

As there will be a total of 5 houses it’s a substantial amount and I wish her to have what is rightfully hers.

So does anyone know if I can do this or because she now has a new birth certificate - identity etc it won’t be possible? Would I have to wait and see if she wishes to find us and then make her a beneficiary? I’m just testing the waters before I head off to the solicitor if I can do this or not I will get on with changing the wills myself.

OP posts:
TeenTimesTwo · 10/11/2018 09:14

It doesn't have to be at 18 or nothing.

I think it is worth exploring further with a solicitor to see what options you have. A discretionary trust (which is what my parents have set up for our adopted daughters) could work well if worded with care.

It sounds like there is plenty of money in the family, so putting some aside for the possibility she makes contact doesn't seem unreasonable.

mummmy2017 · 10/11/2018 09:24

What about leaving an amount in trust, that is not willed to your own child, leave him and someone else as joint trustee and should your niece find the family, and the trustees feel she should be awarded the amount she gets it but otherwise it goes to your grandchild.
She would never know about it unless she was to get it...

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