Thursday, November 02, 2023

Paul Adam on Wills and Estates: What are the legal rights of adopted children when a parent - biological or adoptive - passes away?


Paul Adam on Wills and Estates: What are the legal rights of adopted children when a parent - biological or adoptive - passes away? If the Will makes a gift to "my children", does that include adopted children?

Under Ontario law, legally adopted children are generally presumed to have the same rights as biological children for estate purposes.
A testator still has the freedom to make gifts and leave inheritances and specify that they are only for certain, specified children, if she chooses, so the question may depend on interpreting what the deceased intended and the wording of the Will.

- Paul Adam, Toronto
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