Scroll for more

down-arrow-icon
adopted children child adoption estate litigation challenging a will contesting estate lawyers queensland

Rights of Adopted Children in Estate Litigation

Recently I received an enquiry from a woman whose son’s biological father had passed away. The woman’s second husband (then the boy’s stepfather) had adopted the boy some years ago and she was wondering if her son could claim on his birth father’s Estate. We have received many enquiries regarding adopted children contesting a will or making a claim.

Who is a “child” under succession law?

The concept of a “child” differs across areas of law, however under the Queensland Succession Act, a “child” includes a step-child, a legally adopted child and, since last year, a child according to Aboriginal tradition, which I have previously blogged about here.

Am I still someone’s child if I have been adopted by someone else?

The enquirer’s son is still her child because he has been adopted by the enquirer’s spouse, but under section 214(3) of the Adoption Act 2009 (Qld), he is no longer legally the child of his birth father. This means that the new parent (in this case, the boy’s stepfather) takes on all parental responsibility for the adopted child.

Whose Will can I contest if I am an adopted child?

If you are adopted and you have not been adequately provided for under your birth parent’s Will, you cannot contest it on the grounds that you are their child. However, you may still be able to make a claim if you can show that you were financially dependent on your birth parent.

As you are now considered your adopted parent’s child under succession law, you are eligible to contest their Will if they pass away and adequate provision has not been made for you.

What should I do if I want to contest a Will?

If you would like to contest your birth or adopted parent’s Will, you should contact an experienced estate litigation lawyer.

Please contact me should you require assistance or advice regarding adopted children and estate litigation claims.

 

Share to your network

The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

Subscribe to our Newsletter

Subscribe to our newsletter to get updates on everything Wills, Estates and Probate.

Chloe Kopilovic

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now