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WESA – The Effect of Adoption (Section 3)

adoption

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

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