Q&As

Can an adult child, who has been adopted, make a claim against the estate of their natural parents?

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Published on LexisPSL on 29/04/2016

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

  • Can an adult child, who has been adopted, make a claim against the estate of their natural parents?

We have understood this question to be regarding whether an adult child, who has been adopted, can make a claim against the estate of their natural parents.

Under the Adoption Act 1976, s 39(2), an adopted child is treated as a child of the adoptor following adoption. The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) fails to define the category of applicants referred to above (I(PFD)A 1975, s 25(1)). Schedule 2 of the Inheritance and Trustees' Powers Act 2014 (ITPA 2014), which came into force on 1 October 2014, amended I(PFD)A 1975, s 1(1)(d), so as to include someone treated as a ‘child of the family’ by the deceased. So, to be eligible, the child would need to have been treated as a ‘child of the family’ by the natural parent, following adoption by the adoptor. T

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