Q&As

If a jurisdiction outside the UK allows for the formal adoption of an adult and the legal formalities for adoption in that jurisdiction have been followed to adopt that adult, would that adopted individual be considered a child when drafting a Will or would the beneficiaries need to be specifically named?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 05/11/2020

The following Wills & Probate Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a jurisdiction outside the UK allows for the formal adoption of an adult and the legal formalities for adoption in that jurisdiction have been followed to adopt that adult, would that adopted individual be considered a child when drafting a Will or would the beneficiaries need to be specifically named?

Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to be desirable, including regularising a relationship (such as with a stepfather), or to ensure status in terms of inheritance, particularly in those jurisdictions that prescribe the division of estates after death.

Adult adoption is not permitted in the UK. Section 47(9) of the Adoption and Children Act 2002 (ACA 2002) provides that an adoption order may not be made in relation to a person who has attained the age of 19 years. An application for an adoption order can only be made if the person to be adopted has not attained the age of 18 years on the date of the

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