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Adopted Children And Their Inheritance Rights

Adopted Children and their Inheritance Rights

Sometimes, your will is viewed as your final words to your loved ones. If you do not want your estate to go unattended, then it’s always recommended to prepare a will while you are alive. Wills provide you an opportunity to make an informed decision regarding your assets and property division when you pass away.

If you have adopted children and don’t want them to contest over your assets and possessions, then you had better consult an estate planning lawyer who can help you with maintaining an up-to-date will. This blog post is going to discuss the legal effects on inheritance rights of adopted children.

Our estate lawyers often get questions like:

  • We are adopted children and our adoptive parents died with no will. Can we inherit from them?

Oftentimes, there are questions like:

  • I am an adopted child. Am I legally entitled to inherit from my biological parents?

So, The Question Here Is That Do Adopted Children Have The Same Inheritance Rights As Biological Children?

The simple answer is Yes. Section 217 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 describes the legal relationship between an adoptive parent and an adopted child which implies that there is no difference between a biological child and an adoptive child when it comes to the inheritance of property. The adopted children are treated in a similar manner as biological children are treated.

This also implies that adopted children are entitled to the property of their adoptive parents even if their parents die without a will.

The Second Question Is Whether Adopted Children Can Inherit From Their Biological Parents?

The answer to this question is quite variable. But it would not be wrong to say that adopted children are entitled to their biological parents’ property under limited circumstances. Legally, the relationship ceases between a parent and child when the child is adopted. The parental duties end, and the inheritance rights of the adopted children are lost. Essentially, the adopted children’s inheritance rights are transferred.

It is pertinent to note here that this does not altogether exclude biological children from their original parents’ property. If parents wish to name their biological child as their beneficiary in a will, they can do so. But if a person passes away without naming his biological child in the asset division list, then a biological child is not able to inherit since the legal connection is missing. Therefore, a person’s request is given priority if there is a contradiction between the request and the general rule.

To be noted that, a child cannot be referred to as an adopted child until and unless the child is not formally adopted. Oftentimes, children are treated and cared for by family members in the same manner as their own children. If that’s the case, then a child would not be considered an adopted child.

Get In Touch With Us!

If you are facing any difficulty in inheriting your right as an adoptee, please reach out to the attorneys at Ayaz Mehdi Professional Corporation who are available to provide up-to-date legal assistance in estate planning matters within the parameters of governing laws.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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