Most Wills state that the estate must be shared among the testators children. In many families, it’s obvious who the “children” are while in other families it is less so. An adopted child’s rights against a biological or adoptive parent are very different under Alberta law. When an adoptive parent passes away, an adopted child has exactly the same legal status as a biological child born to that parent. When the Will makes a gift to “my children”, adopted children will be treated the same as biological children. If the biological parent leaves a Will that divides the estate among his or her children, this will not include the child who has been adopted by someone else. According to the law, that the child is no longer that person’s child, because of the adoption. A child who is raised in a family that treats the child as its own, but never formally adopts the child, is not an adopted child.
If you have been taking care of a child that is not yours biologically, or who you have not adopted, contact our office at 780-458-8228 to discuss creating a Will that will provide you with the outcome you want. We are here to help.
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