# Will. Grandfather leaving money to adopted grandchildren.



## SlurrySlump (27 Jan 2010)

If a grandfather is leaving money to his daughters adopted children can he simply say in his will that he is leaving a sum of money to his grandchildren or does he have to say that he is leaving money to his daughters adopted grandchildren and name them?  I understand that the children are legally adopted by the parents but I am not sure what the legal relationship is to their adoptive grandparents.


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## TreeTiger (27 Jan 2010)

I don't imagine the average grandparent spells out that they are including their adopted grandchildren.  Say a grandparent has 5 grandchildren and 2 are adopted, and the grandparent states that he/she is leaving €10,000 to be divided between the grandchildren, you seriously can't think that the adopted children would be left out simply because the will didn't specify that adopted children are included in the bequest?

Under Section 26 of the Adoption Act of 1952, adopted children have the same rights as a natural born child of the adopted parent.


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## Yorrick (27 Jan 2010)

For the sake of legal accuracy he should name the grandchildren. It is irrevelent whether they are adopted or not.

p.s. " between" is used if there are only two children. "Among" is used for more than two.

I won't charge for the grammar lesson !


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## SlurrySlump (28 Jan 2010)

TreeTiger said:


> Under Section 26 of the Adoption Act of 1952, adopted children have the same rights as a natural born child of the adopted parent.


 
So in effect the grandparent is also in law adopting new grandchildren?


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## TreeTiger (28 Jan 2010)

SlurrySlump said:


> So in effect the grandparent is also in law adopting new grandchildren?


Not really, the relationship between a grandparent and a grandchild is legally the same, whether the child is adopted or not.  When you talk about the grandparent in law adopting new grandchildren it comes across as an action on their part; whereas it is simply the result of the grandparent's child becoming a parent.  It is irrelevant whether the new child arrives into the family by birth or by adoption.

Thanks for the grammar lesson Yorrick!  And I agree that it would be best if the children were named.  I was more concerned that someone would think that adopted children could be disinherited from a bequest simply because they were adopted.


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## Loaded1973 (28 Jan 2010)

not always a good idea to name the children,  because if more grandchildren arrive the will would have to be amended to include them.


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## mf1 (28 Jan 2010)

In the will. 

All of my grandchildren ( adopted included) surviving at the date of my death. 

end of. 

mf


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## Madangan (28 Jan 2010)

All my grandchildren  more than suffices. Thats my opinion as a solicitor.

Including the words "including adopted" or similar is unnecessary and quite likely to cause hurt or offence to said grandchildren as it could be interpreted as indicating that the grandparent still sees some difference when there is none in law. Thats my opinion as an adopted daughter adopted grandchild adopted niece adopted sister etc...


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## Yorrick (30 Jan 2010)

" All my grandchildren more than suffices. Thats my opinion as a solicitor."

That would suffice if the grandfather wants to leave a legacy to all his grandchildren. However if he wants to leave a legacy to two specific grandchildren he must name them.


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