My mate sadly appears to planning on leaving her husband, they have two adopted kids one 14 and on 17. The husband is saying that the kids have no right on his estate as they are adopted, she is a bit distraught about this and I wondered if anyone knew the story..
Chat Forum
Divorce Lawyers - adopted kids rights etc
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Posted 11 months ago #
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I think he's wrong, in both his legal opinion and moral standpoint. Formally adopted children will have the same inheritance rights as any other children.
Posted 11 months ago # -
IMO, i think if they both adopted them, rather her adopting them in a previous relationship, then they do have a legal right to his estate.
Adoption gives you legal responsibilty of the child(ren)
Posted 11 months ago # -
Yes, that is indeed the point of adopting children, they have the same entitlement int he eyes of the law as own childrens.
Posted 11 months ago # -
J_me well morals aside as I don't believe they count for anything in cases like this, I wondered if you or anyone has a link I can use to back your valued legal opinion up?
Posted 11 months ago # -
Formally adopted children will have the same inheritance rights as any other children
That was my understanding. On adoption, the children get an adoption certificate which has the same standing a birth cert. Did they both adopt the children or just her or her and a previous partner?
Posted 11 months ago # -
The husband is saying that the kids have no right on his estate as they are adopted
Surely it's irrelevant as he can make a will and leave his money to anyone?
Only exception would be life insurance on a mortgage where they have signed it over to each other if one predeceases the other?
Posted 11 months ago # -
How does this relate to kids over 16/18 in terms of maintenance etc? Will she get anything to help put them through uni etc?
Posted 11 months ago # -
Surely it's irrelevant as he can make a will and leave his money to anyone?
Which could legally be challenged.Posted 11 months ago # -
How does this relate to kids over 16/18 in terms of maintenance etc? Will she get anything to help put them through uni etc?
Dunno, I would doubt it. You're not legally obliged to support your own kids through uni etc.Posted 11 months ago # -
You're not legally obliged to support your own kids through uni etc.
Oh.
Posted 11 months ago # -
Kids have same rights to maintanance as natural children i.e up to 16/18 in FTE. Once the divorce is settled he can leave whatever estate he has to whoever/whatever he wants. There is no right to inherit. The will can be legally challenged but there has to be good cause i.e. of unsound mind, doubt to authenticity, dispute of ownership by deceased of items in will.
Posted 11 months ago # -
Adopted children are dependent children just like any other. http://www.adviceguide.org.uk/index/your_family/family_index_ew/ending_a_marriage.htm#children_at_the_end_of_a_marriage
An adoptive parent is a parent. http://www.csa.gov.uk/en/case/dispute-process.asp
"
Child
For child maintenance purposes, a child is anyone under 16 or
someone between 16 and 19 who:
• is not, nor has ever been, married or in a civil partnership, and
• is in full-time non-advanced education.
However, if child benefit is still being received, someone under
19 can still be regarded as a child for child maintenance
purposes even if they are not in full-time non-advanced
education"
http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdfWhatever rights biological spawn would have, the children have. The man is a frightful cad.
Posted 11 months ago # -
There is no right to inherit
Right to reasonable provision/inheritancePosted 11 months ago # -
j_me The "right" to reasonable provision is not a right to inherit as such it just gives a right to contest the will which can be fairly easily defeated by the Testator(dead guy) leaving an explanation as to why he chose to leave nothing. (not my area of law usual terms and conditions apply)
The first point is correct though Adopted children have the same status as natural.
Posted 11 months ago # -
This is good work, well done everyone. Enough now, I shall head this off to the lady in question who will no doubt be thrilled. I imagine her lawyer would be ale to tell her all this but they can be impenetrable sometimes.
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Posted 11 months ago # -
I imagine her lawyer would be ale to tell her all this but they can be impenetrable sometimes
Unlike this lady, with any luck, eh? eh? eh?
Posted 11 months ago # -
Quality work there CM
Can I add it is obvious the husband is a total **** for treating his kids like thatPosted 11 months ago # -
Fair enough crankboy/doug, my mistake, He could write them out of his will. He'd still be a **** though, just a dead one.
Posted 11 months ago # -
TBH with an attitude like that no wonder he is being divorced, I have adopted children and regardless of any issues my wife and I could have in the future they are still my kids........
Posted 11 months ago # -
Hustler, JY, thanks for the legal advice, I'm supporting the blokes wife, my friend, on this. I really don't think any of us are in a position to judge about the morals, not knowing anything at all about the background of the case. I asked the forum about the legal aspects of this and have had some excellent advice which I appreciate, I think we should keep any discussion to that and not anything personal.
Posted 11 months ago # -
Toys tbf I have been through the same process with social workers etc he will have been through to adopt, and make no mistake it is drummed in that the adopted children have the same rights and privileges as birth children, Yes he can write them out of his will, but having signed and received a court order agreeing to look after them until their age of majority with parental responsibility until that age he should man up and look after his kids....
Posted 11 months ago # -
I think we should keep any discussion to that and not anything personal
tricky one that.
Unless his kids have attempted to murder him/someone else why would anyone decide to cut them out of his life (which is what the result of this will be)? Just looks like he's trying to spite his soon to be ex-wife by dragging the kids into it.
Posted 11 months ago # -
This isn't getting at you btw just seems to be another guy who has spat his dummy and is now using the kids as a weapon
Posted 11 months ago # -
When I was making a will last month the solicitor explained to me that they can be challenged and partners can make a case for a provision if the one in the will isn't 'fair'. Eg if I supported a partner ie paid all the bills and they lived in my house, they'd have a claim for support from the estate in the event of my death. Obviously the outcome in each case is up to the court to decide - but a will is never final as it can be challenged.
Posted 11 months ago #
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