Biological child entitlement after death

AvonEnniskerry

So I was reading a post on Facebook and I was interested in people's opinions as well as any knowledgeable information anyone has.

Basically it came from a girl who was adopted out by her biological mother to another family. She never met her biological mother. But when she was old enough she went looking for her only to be told she'd passed away a few years earlier.

Now this is where it gets interesting. The girl got given the old address etc and found that her biological cousin was now living in her deceased biological mother's house and believes she now has a right to contest the will. As the only biological heir.

It's an interesting viewpoint and not one that would have occured to me before. But can't believe that an estate would be handed out to some one that never had any previous contact with the deceased.

AvonEnniskerry

AvonEnniskerry wrote: »

So I was reading a post on Facebook and I was interested in people's opinions as well as any knowledgeable information anyone has.

Basically it came from a girl who was adopted out by her biological mother to another family. She never met her biological mother. But when she was old enough she went looking for her only to be told she'd passed away a few years earlier.

Now this is where it gets interesting. The girl got given the old address etc and found that her biological cousin was now living in her deceased biological mother's house and believes she now has a right to contest the will. As the only biological heir.

It's an interesting viewpoint and not one that would have occured to me before. But can't believe that an estate would be handed out to some one that never had any previous contact with the deceased.

Living inside someone for nine months probably counts as previous contact.

Garlinge

Sorry but if adoption was legal and formalised, all ties with biological parents are teminated.

banie01

Adoption requires the legal extinguishment of existing parental ties.
All rights of consanguinity are void and become the child's right of inheritance via the adoptive parents.

So assuming a legal adoption took place, the child has no inheritance rights to the biological parents estate.

LirW

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.

In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

Erik Shun

If the birth mother didn't include the child in her will, then no, there is no legal right...

Shelli2

If a child is adopted the Biological parent terminates all parental rights and the adoptive parents assume them .
I'm guessing this also terminates any rights as heir? And you would then be heir to the adoptive parents estate? Just my theory though.
Very interesting to see how this actually works.
Could potentially lead to many law suits and wills being contested.
What if there were other children involved? It could get very messy.
Do adoptive children then have rights to the estate of both their biological and adoptive parents?

banie01

LirW wrote: »

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child, did a runner. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.
In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

Child abandonment and adoption are 2 very different circumstances tho.
Seems in this case, father pulled a runner and there was no formal adoption.

In the OPs case, if there was a formal adoption the OPs friend has no claim to the estate.

banie01

Shelli2 wrote: »

Do adoptive children then have rights to the estate of both their biological and adoptive parents?

On adoption the child and biological parent become "strangers in law" and no consanguinity or inheritance rights continue.
The parental rights and inheritance rights are extinguished.

AvonEnniskerry

Erik Shun wrote:

If the birth mother didn't include the child in her will, then no, there is no legal right...

I would agree with this yet when we wrote our will we were told that despite specific wording the will could still be contested by disgruntled family left behind.

dxhound2005

Adopted children lose the right to their biological parents estate(s), but they get full inheritance rights to the estate of their new family.

Children placed for adoption have no claim on their biological family's estate.

cena

Yes they should be allowed. You have to think it wasn't the biological child's fault they were given up for adoption

cena

cena wrote: »

Yes they should be allowed. You have to think it wasn't the biological child's fault they were given up for adoption

Not quite this straightforward. The feelings of any biological children in the family not placed for adoption need to be taken in to account.

Gael23

A child adopted through the proper legal channels has no legal claim to the estate of anyone in their biological family

Fizzlesque

No, the biological child doesn't automatically inherit on the death of their birth parent. I am a birth mother and I have been advised to make a will because my wish is for the child I placed with a new family to inherit my house when I pass away and if I don't document it legally in a will, it won't automatically happen.


I haven't made a will yet, really should get that sorted. Thanks for the reminder.

LirW

LirW wrote: »

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.

In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

I think the son should have an equal share to all the other siblings in this case. If I were his mother, I would have enquired into recouping child maintenance from the estate too.

But it’s a sore spot for me as the father of my children fooked off without a care in the world and started another family thinking that exonerated him of his duties. It’s only because we live in 2 different countries and I couldn’t afford the legal costs that I haven’t taken him for everything he has or hasn’t got.

BrokenArrows

LirW wrote: »

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.

In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

Your grand father sounds like a really nice guy!!! FFS.

The share that they are entitled to depends on the situation. In your situation I think they should be entitled to an equal share.

In the case where the father never knew about the child then maybe not or where he was prevented (through no fault of his own) from being involved in the child's life.

CrabRevolution

As has been stated, adoption ends your legal connection to the biological parents and replaces them with connections to your adoptive parents. Legally you are no longer their child.

I take it the person in the story is following through on their own logic and repudiating their right to any inheritance off their adoptive parents... ?

AvonEnniskerry

CrabRevolution wrote:

I take it the person in the story is following through on their own logic and repudiating their right to any inheritance off their adoptive parents... ?

Haha I wouldn't know but I highly doubt it. Her attitude was shocking as she'd already been around to the now cousins house demanding to see the will etc. She says she wants the house for her own children because she's a single mother and she reckons she's entitled to it.

As an adopted person myself the attitude shocked me as it's not something that's ever even crossed my mind. I posted as such but the majority of messages in response were to get a good lawyer. Apparently as she was a blood relative she was entitled to a partial share. Which seemed bizarre if the mother gave her up for adoption. Which is why I posted here. I genuinely think the only way an adoptive child should inherit anything off a biological parent is if he or she is named in the will.

Ray Palmer

Strawberry Milkshake wrote: »

I think the son should have an equal share to all the other siblings in this case. If I were his mother, I would have enquired into recouping child maintenance from the estate too.

But it’s a sore spot for me as the father of my children fooked off without a care in the world and started another family thinking that exonerated him of his duties. It’s only because we live in 2 different countries and I couldn’t afford the legal costs that I haven’t taken him for everything he has or hasn’t got.

Most western countries make it very easy to claim for maintenance with little or no costs. You should be able to simply file an application for support. Even if dont get it making the initial claim means you may get it later.

Ray Palmer

Strawberry Milkshake wrote: »

I think the son should have an equal share to all the other siblings in this case. If I were his mother, I would have enquired into recouping child maintenance from the estate too.

But it’s a sore spot for me as the father of my children fooked off without a care in the world and started another family thinking that exonerated him of his duties. It’s only because we live in 2 different countries and I couldn’t afford the legal costs that I haven’t taken him for everything he has or hasn’t got.

Most western countries make it very easy to claim for maintenance with little or no costs. You should be able to simply file an application for support. Even if dont get it making the initial claim means you may get it later.

BrokenArrows

As long as it was a legal adoption then she has no right to it.
However if it was not done by the book then she could be well entitled to it.

Ray Palmer

Ray Palmer wrote: »

Most western countries make it very easy to claim for maintenance with little or no costs. You should be able to simply file an application for support. Even if dont get it making the initial claim means you may get it later.

Kids are adults now. Remember talking to someone a long time ago and had no spare money at the time.

Ray Palmer

Strawberry Milkshake wrote: »

Ray Palmer wrote: »

Most western countries make it very easy to claim for maintenance with little or no costs. You should be able to simply file an application for support. Even if dont get it making the initial claim means you may get it later.

Kids are adults now. Remember talking to someone a long time ago and had no spare money at the time.

You can still make the claim now. He was meant to support his kids and owes you the money. Some women just did this for her 40 year old daughter.

I never knew that. Thanks Ray

ceadaoin.

AvonEnniskerry wrote: »

Haha I wouldn't know but I highly doubt it. Her attitude was shocking as she'd already been around to the now cousins house demanding to see the will etc. She says she wants the house for her own children because she's a single mother and she reckons she's entitled to it.

As an adopted person myself the attitude shocked me as it's not something that's ever even crossed my mind. I posted as such but the majority of messages in response were to get a good lawyer. Apparently as she was a blood relative she was entitled to a partial share. Which seemed bizarre if the mother gave her up for adoption. Which is why I posted here. I genuinely think the only way an adoptive child should inherit anything off a biological parent is if he or she is named in the will.

Agree with this. even if she hadn't been adopted she still wouldn't be entitled to anything if the will explicitly excluded her.

She's being ridiculous if she thinks she will get anything, and her supporters are just as bad.

cnocbui

LirW wrote: »

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.

In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

I believe biological children are entitled to a share of an estate, irrespective of their parents wishes and that share should be the same as for acknowledged children. This is a really good example - she deserved every penny, IMO:

Illegitimate daughter awarded 70 per cent share of biological father's deceased estate
A woman born from an extra-marital relationship has been awarded more than half of her deceased birth father's estate after she had been ignored in his will.

The woman's existence had been kept a close secret from the Taranaki man's wife and family throughout his life.

On his death in 2011 the man left the family home and income from his residuary estate to his wife and children who were executors and trustees of the will.

https://www.stuff.co.nz/national/111189088/illegitimate-daughter-awarded-70-per-cent-share-of-biological-fathers-deceased-estate

cnocbui

Garlinge wrote: »

Sorry but if adoption was legal and formalised, all ties with biological parents are teminated.

I think the law should be changed on this with respect to medical costs resulting from genetic inheritance of undesirable traits.

Gael23

Fizzlesque wrote: »

No, the biological child doesn't automatically inherit on the death of their birth parent. I am a birth mother and I have been advised to make a will because my wish is for the child I placed with a new family to inherit my house when I pass away and if I don't document it legally in a will, it won't automatically happen.


I haven't made a will yet, really should get that sorted. Thanks for the reminder.

Be careful here because your child might be treated as a group C inheritance tax where the exemption is quite low

metaoblivia

My dad was adopted and a few years ago we learned who his biological parents were; they were both deceased by the that time. We would never contest the will. That's water under the bridge. My father was the recipient of his adoptive parents' will. Even had his biological parents been alive, we would never have pressured them. I think it's an incredibly sad thing for someone to do because there are many adoptees out there searching for their bio families, and many are already met with a lot of scrutiny. My dad has a half sister who, to this day, thinks we're just here to scam her and her family even though we've never asked her for anything. Stories like this aren't going to help.

AvonEnniskerry

Gael23 wrote:

Be careful here because your child might be treated as a group C inheritance tax where the exemption is quite low

This is also interesting. If an adoptee were to be named in a will and inherit an estate from a biological parent. What tax bracket does it fall into?

Gael23

There are 3 brackets, parent to child, other bood relatives and then all other beneficiaries to an estate. A child who has been adopted out is no longer legally a relative of the person who made the will so they might be treated as a non relative for tax purposes

Grayson

Are children treated any different under inheritance tax?

I'm wondering what would happen if the adopted child reconnected with their biological parent and the biological parent left them something in a will.

Pyr0

It's a pretty scummy thing to do to be honest. If I was in a similar situation, I'd never waltz into another families life and cause so much upheaval for money or possessions just because I am a biological descendant and felt I was 'entitled' to do it.

You can really tell the true character of someone when deaths in the family come around, the rats usually come crawling out of the woodwork looking to get anything they can.

cnocbui

Not scummy at all in some circumstances. I find the law bizarre that a parent can cut off their own progeny legally, while never being able to do so from someone they divorced. Should be the other way round.

banie01

Grayson wrote: »

Are children treated any different under inheritance tax?

I'm wondering what would happen if the adopted child reconnected with their biological parent and the biological parent left them something in a will.

If the child was legally adopted any inheritance from a biological parent would be treated as a Cat C inheritance with attendant tax allowance and as a stranger in law.

Erik Shun

cnocbui wrote: »

Not scummy at all in some circumstances. I find the law bizarre that a parent can cut off their own progeny legally, while never being able to do so from someone they divorced. Should be the other way round.

Closed adoption..neither side knows who the parent is..or where the child went....can't quite do that with a divorce

AvonEnniskerry

Erik Shun wrote:

Closed adoption..neither side knows who the parent is..or where the child went....can't quite do that with a divorce

Ah I thought he was referring to people excluding existing children from wills

Marcusm

LirW wrote: »

We had a similar case in my family but it happened in another country. Basically my grandfather knocked up a girl and did a runner, abandoned woman and child. He went on to have a family with his wife, 4 more children, one so died as a toddler from ALS, the other son drowned after a seizure in his early 20s.

The son got in touch with my mother when she was well in her 40s and she was horrified to learn she has a brother that she didn't know about. My family is a total mess and while my mother was very happy to stay in touch with her half-brother, the rest of the family freaked out and only started to think about if he will make an inheritance claim and he was painted in a horrible picture.

Now 2 years after that my grandfather fell ill with bowel cancer, from his diagnosis until his death it took 6 months. In the last few weeks if his life he planted the hateful seed in my nan's and aunt's head that this man will come and will take the last shirt off them and instructed them to fight until the bitter end so he won't get anything.
He died and a sh1tshow in epic proportions started. There was a lot of money involved and my nan feared that the illegitimate son will come and take it all.
So the solicitor drafted up a proposal that would give the son a literal pittance since it's the law, I'm talking about a few grand here. My nan and aunt were livid and prepared for a long legal battle since they expected a riot.
In the end he just walked in, signed the paperwork and off he went with pocket money from a man he never knew.

I believe that biological children should have some sort of claim when it's obvious that they exist but not the full amount. But this is often so incredibly complex that there has to be a case-based assessment.

In case of an adoption though the ties were cut so there's no need for a claim?
I don't envy anyone that has to deal with this.

It certainly sounds as if the grandfather did not make “proper provision” if he just up and left.