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QLD Adopted Children as Descendants in Will

Discussion in 'Wills and Estate Planning Law Forum' started by Futura, 29 August 2014.

  1. Futura

    Futura Member

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    ADOPTED CHILDREN AS DESCENDANTS - WORDING IN A WILL
    Is it necessary to specify that our son has an adopted child as a 'descendant' in our Wills? The wording in our Wills states: Should a child pre-decease me, the benefit that would have devolved upon such child shall devolve upon such child's descendants by representation." Will this include the adopted child or is he excluded as not a true descendant of our son?

    Would really appreciate your advice on this. Thank you
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    This is why people should avoid DIY wills.

    I am not going to comment on Succession Law in Queensland,
    because I am in NSW.

    But I strongly encourage you see a solicitor and have the will(s)
    drafted by a professional.

    It is perfectly possible to draft a valid, Plain English will,
    that says exactly what you want,
    and that does not involve Latin or "Ye Olde Elizabyth'n Englyshe".
     
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  3. Sophea

    Sophea Well-Known Member

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    If you want to make this really clear to avoid any room for misinterpretation or argument I would specifically state that "descendants" include adopted children. Generally, I believe an adopted child would have the same rights as a biological child in this situation, but your main concern is making it clear to your family and executor what YOUR intention is, so that they can carry it out.
     
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  4. Sarah J

    Sarah J Well-Known Member

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    Hi Futura,

    Yes, it includes an adopted child be default: Succession Act 1981 (Qld) s 40

    "In this part—

    child means, in relation to a deceased person, any child, stepchild or adopted child of that person."

    This definition stands unless the will distinguishes between biological and adopted children, excludes adopted children or has the intension to exclude.
     
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