Inheritance

[SunnyJim]

I was adopted aged 16months,and found my birth mother when I was 18 (to her shock) her mother made me welcome and her father left me some money in his will. How do I stand with inheriting from her. She went on to marry and have another child, but says there's nothing for me as it is all her Husband's and not hers. When she dies can I claim? Am not being cold-hearted just wondering.

[dzug]

If her father left you some money in his will and has died, then you are entitled to it and should have received it. If you haven't, you should claim from the executor of his will. If he hasn't died (and hasn't changed his will) you can expect it then.

You do not (as an adult, in England and Wales) have any right or expectation of receiving anything from your birth mother - she can choose whether to leave you money or not.

Not sure what the situation is if she doesn't leave a will

[SunnyJim]

I received the money from her father, was just wondering if it set a precedent that she would have to leave me something! Like the family accepted me.

[redcrx]

they may well have accepted you but if she has her own money its still up to her how she divides it i think

[SunnyJim]

So basically, if she dies and does leave a will which doean't include me, can I or can I not contest it?

[redcrx]

not in England, no, unless you can prove the will is wrong, ie your mother was not in her right mind or something or if youre financially dependent on her.

[froggequene]

I might be wrong here but isn't there another issue to explore as well? If the questioner has been ADOPTED then surely her legal ties to her birth mother have been severed? Isn't this the question we should be answering? In the event of her BIRTH MOTHER's death, does she have any claim at all in law, will or no will?

[sense4all]

As far as I am aware anyone can leave their money to who or what they want if they are of sound mind.

There is some info on adoption issues here
http://www.fraserandfraser.com/uk/cases/inheri tance.html

In france one is unable to disinherit one's children ... not here however, you can leave it to your cat and none to your kids. The adoption is the pressing legal question I agree with froggequene

[New Judge]

As has been said, in England you cannot "make a claim" against a deceased person's estate if they have left a will. Who they leave their money and belongings to is entirely a matter for them.

You cannot contest a will unless you believe it is a forgery, or another later will exists, or the deceased wrote it whilst mentally ill or under duress. Whether you are a child or adopted child of the deceased is immaterial.

So basically, if a valid will has been left and SunnyJim is not among the beneficiaries, that's that.

If no will is left the rules of intestacy apply. For these purposes adopted children are treated as the children of the adopted parents and not of their natural parents.

[Barmaid]

Just to clarify what New Judge has said, you CAN make claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975 so it is not correct to say that this cannot be done. However, in this case, I see no possibility of claiming unless the adopted child was being maintained in the period immediately ending in death otherwise than for valuable consideration.

[SunnyJim]

Thanks to you all- she has never maintained me, haven't seen her for 22yrs, I just got in contact again and was left wondering as to whether I could claim in the event, but guess not.

[goldmeister1]

Adoption severs any legal ties with the birth parent, so you're out of luck!