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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Does an adopted adult have the same rights to inherit as a

Customer Question

Does an adopted adult have the same rights to inherit as a natural child?
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
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Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified solicitor.
Just a bit more information required - are you querying the rights to inherit from their adoptive parents or their biological parents?
Customer: replied 2 years ago.
I am querying my right to inherit from my adoptive mother who has just died and given all her money away to her natural child and her grandchild
Expert:  Harris replied 2 years ago.
Thank you for confirming. Section 39 of the Adoption Act 1976 gives you the same rights as if you were her biological child.
If there has been no provision for you in her will (if there is one) then you can make a claim against her estate for reasonable financial position and you will be treated as if you were her biological child.
Harris and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
I would like to know more and how I go about calculating reasonable financial provision
Expert:  Harris replied 2 years ago.
The Court will need to consider the value of the estate, as well as your financial needs and any disabilities that you may have. If the financial provision set out in the will is unreasonable then the court has the power to redistribute her estate in order for the provision to be seen as reasonable based on all the facts of the case.
Customer: replied 2 years ago.
If I have a good job, house, car, no disabilities will I still be able to claim if my pension will be small? What kind of costs are involved in starting this action?
Expert:  Harris replied 2 years ago.
Not necessarily, the court has to consider the following:
a) the financial resources and needs of the you;
b) the financial resources and needs of any other applicant;
c) the financial resources and needs of the beneficiaries;
d) any obligations and responsibilities of the deceased towards you and any other applicant and any beneficiary;
e) the size and nature of the estate of the deceased;
f) any physical or mental disability of any applicant or beneficiary;
g) any other matter, including conduct, which the court may consider relevant.
The costs will vary depending on the solicitor you instruct, but at the end of the case the judge will make a decision regarding the costs which can include both parties bearing their own costs, you paying all the costs, the beneficiaries paying all the costs, or for costs to be paid from the estate. I would suggest that you visit lawsociety.org.uk to find local solicitors and obtain quotes from them. However, if it is a contested matter
Customer: replied 2 years ago.
If it is a contested matter - then what?
Expert:  Harris replied 2 years ago.
Same rules apply if it is a contested matter