Legal advice- how to find someone who was adopted so they can inherit?

[QueryA]

DMIL died recently. The family situation is quite complicated in that she had 3 children, DH, his sister who lives abroad, and his brother who is an alcoholic and we haven't heard from in 15 years. His brother (who I've never met) has always been difficult and isn't in touch with the family for long periods of time. 20 years ago he turned up with a wife and 2 kids. Unfortunately he and his wife led a chaotic life and the kids were taken into care. DMIL and DFIL didn't feel they could take on 2 kids, DH was still at Uni so couldn't take them on, so they were put into foster care and were adopted. We haven't heard anything more since about them.

DMIL's will has left 1/3 to DH, 1/3 to DSIL and 1/3 to these 2 kids. But we have no idea how to even get in touch with them, in the will they are just refered to as their christian names. Presumably they had their fathers surname when they were adopted but it is very likely to be different surname now. We don't even know their dates of birth, though know they are about 20 and 23

Obviously the solicitor will help us try and sort this out, but I'm wondering if anyone has had a similar situation? How do you find someone who has been adopted? They may not even want to be found or want to know anything about their birth father's family, even if it includes an inheritance.

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Try here they have access to adoption registers but you will probably need to dig around and order their birth certificates to get their dates of birth.

If you know the parents address at the time that they were taken into care, then you could try writing to the post-adoption support team there and they may be able to facilitate this happening without sharing any identifying information with you to protect the children. Not saying you're a risk, but obviously they don't know that so will need to be careful

Just phone up your local adoption team at your county council and ask them what to do.

This is a very unusual situation, but if your MIL has specifically named these DC, I would imagine it will be like tracing any other missing beneficiaries, for which your solicitor will have access to professional advice, although the costs will be charged to the estate.

If you know which local authority they were living in then contact their post adoption team. They will access the records and do all the making contact for you

Thanks. It's early days and we are still dealing with immediate issues re funeral etc so we will start dealing with via the solicitor next week. DH seems to think its not that unusual at all, and that the solicitor won't have any problems, but I think he is being niave and that its going to turn into an expensive nightmare.

I'm happy for the solicitor to make the contact and for the information (and money) to be passed on and leave it entirely to the kids (adults now) to contact us if they do desire more. What a mess!

It's unusual, because when a child is adopted, the child legally stops being part of their birth family, and becomes legally part of their adopted family. Children who have been adopted out of a family will not usually inherit from their birth family.

It's just as if your MIL had left money to two random strangers. There are however lots of companies which specialise in tracing beneficiaries but they don't do it for free.

In the kindest way this money may actually open a Pandoras box that the 2 kids are not ready to open. Unless it's a life changing amount I'd probably leave it to one side until they are ready.

@ArnoldBee

In the kindest way this money may actually open a Pandoras box that the 2 kids are not ready to open. Unless it's a life changing amount I'd probably leave it to one side until they are ready.

well, the executors have a legal responsibility to get that money to the people concerned. Not sure it is your choice to make to be honest.

@ArnoldBee

In the kindest way this money may actually open a Pandoras box that the 2 kids are not ready to open. Unless it's a life changing amount I'd probably leave it to one side until they are ready.

Or it could really help them in a moment of need or be comforting to know their birth grandparents loved them even though they felt they weren’t able to care for them. We don’t know how they will feel and it’s not for anyone else to say.

I agree that it's pretty weird and equivalent to giving money to 2 strangers. I can sort of see DMIL's logic behind it, but essentially they are not her grandhildren any more, that ceased when they were adopted. They (hopefully) have other grandparents out there who care for them. DH is slowly realising that it is opening a complete pandora's box as well. Particularly as it may mean his DB getting back in touch with the family if he catches wind of it, and according to DH, dealings with DBIL never end well.

It is a large amount of money, even once it is split between the 2 kids so will have a big impact on their lives.
We've decided to leave it entirely to the solicitors to deal with, regardless of the cost.

So your MIL has disinherited one of her sons and left the equivalent share to his children? Yes, I'd say that will open a can of worms. Solicitor sounds like the best route.

Yes it’s best left to the solicitor as they can put it in a protected account whilst the tracing happens. Stay out of trying to make contact yourself.

Yes it’s best left to the solicitor as they can put it in a protected account whilst the tracing happens.

I agree with this too. The client money account held with the solicitor will have a higher degree of protection than it would in a retail account, which maxes at £80k per institution (not per account). There should also be a yearly client money audit etc. which you can take some degree of comfort from.