When a person passes away without a valid will, their estate is distributed according to the rules of intestacy. In Western Australia, these rules are designed to ensure that certain family members are entitled to inherit from the deceased’s estate. One important question that often arises is whether adopted children have the same rights as biological children when it comes to inheritance under these laws.
Equal Inheritance Rights for Adopted Children
In Western Australia, legally adopted children are treated the same as biological children when it comes to inheritance. This means that if an adoptive parent dies without leaving a will, their adopted children are entitled to inherit under the laws of intestacy.
This protection is enshrined in two key pieces of legislation:
- Adoption Act 1994 (WA) – This law establishes that an adopted child is legally considered the child of their adoptive parents. Once the adoption is formalised, the legal ties between the child and their biological parents are severed, and the child assumes the same rights and status as a biological child of the adoptive parents. This includes the right to inherit from their adoptive parents’ estate.
- Administration Act 1903 (WA) – This Act governs the distribution of an estate when a person dies intestate, that is, without a valid will. Under this Act, the deceased’s spouse, children, and other relatives are entitled to inherit according to a set hierarchy. Because the Adoption Act recognises adopted children as the legal children of their adoptive parents, they are entitled to the same share of the estate as a biological child would receive.
The Importance of Legal Adoption
It is important to note that the inheritance rights outlined above only apply to children who have been legally adopted. Stepchildren, for example, do not have the same rights to inherit under intestacy laws unless they have been formally adopted by the deceased. Without legal adoption, stepchildren may not automatically receive a share of the estate unless specified in a will.
Protecting Family Relationships Through Estate Planning
While the intestacy laws provide a safety net for families in the absence of a will, they may not always reflect the deceased’s wishes. For example, you may wish to leave assets to stepchildren, friends, or other loved ones who aren’t covered under intestacy laws. This highlights the importance of creating a valid will to ensure that your estate is distributed according to your wishes.
For families with adopted children, the good news is that the law fully recognises the bond between adoptive parents and their children, ensuring equal inheritance rights. However, estate planning remains a vital tool for protecting your family and ensuring that your legacy is passed on as you intend.
Conclusion
Under Western Australian law, adopted children enjoy the same inheritance rights as biological children when it comes to intestate estates. The Adoption Act 1994 (WA) and the Administration Act 1903 (WA) work together to ensure that adopted children are treated equally in matters of inheritance. However, to have full control over how your estate is distributed, it’s important to have a valid will in place. Legal professionals can help guide you through this process, ensuring your estate planning reflects your personal wishes and family circumstances.
For more information about intestacy laws, adoption, and estate planning, or if you have any questions about your family’s inheritance rights, feel free to get in touch with our team.