Q&As

Can a biological grandparent leave a gift to their grandchild despite the grandchild having been legally adopted by another family?

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Published on LexisPSL on 04/05/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a biological grandparent leave a gift to their grandchild despite the grandchild having been legally adopted by another family?

See Practice Note: Will drafting—adoption, legitimacy and illegitimacy and Chapter 75 Adopted children: Williams on Wills.

It is always as well to be aware of the effect of a gift to children in respect of the use of the term children. At common law, references to children were presumed to be references to legitimate children only and by definition, this excluded both illegitimate and adopted children. Legitimated children were also not included in the term. Matters have now progressed to the extent that the practitioner now needs to ask the question as to which class of children, if any, should be excluded from the term children in the Will, rather than which should be included.

The rule of an

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