Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
In the case of someone dying without making a will, would a child long since adopted out have a claim on the estate?
Answer :-
No. The people who adopt the child become the legal parents of that child - and at that
point the natural parents cease to be its legal parents.
So if the natural parents die intestate - which is to say without
making a will - then the child has no legal claim to the estate. This remains the position
even if there are no other claimants to the estate.
This does not of course prevent an individual making a provision in his
or her will for a natural child, even though they were handed over for adoption.
Conversely, if the adoptive parents die without making wills then the
adopted child ranks as a legitimate child in all respects and is entitled to a share in
the estate.
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