WESA – The Effect of Adoption (Section 3)


The Effect of Adoption (Section 3)

A  “pre adoption parent” is defined as the person who, before the adoption of a child, was the child’s parent.

Section 2 provides    that subject to  section 3, if a child is adopted, then:

a)      The child is not entitled to the estate of his or her pre-adoption parent except through the will of the pre adoption parent, and;

b)      A pre adoption parent of the child is not entitled to the esate of the child except through the will of the child.

Section 3, sourced from S 37 of the Adoption Act, states” Adoption of a child by the spouse of a pre ad option parent does not terminate the relationship of parent and child between the  child and the pre adoption parent for the purposes of succession under this act”

Simply stated on an intestacy an adopted child may not inherit from  his or her birth parent and vice versa. I believe it would also stand to reason that the said adopted child would alos not have a right to bring a claim under the Wills Variation Act

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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