Regardless of whether you are an adopted child or a biological child to the same set of parents, there is no difference in your shares of inheritance. People do understand where this sentiment came from. There will be people who think that if you’re a biological child, you will automatically get the parents’ assets. Or the fact that you are a biological child, you will get more share of the asset.
Though that may sound valid, it does not mean the adopted child will be neglected or be looked down upon. When a child is being adopted, she or he will have a fighting chance for their fair share of their adopted parents’ assets. As long as the child is legally adopted and with all legal papers works in place, then the adopted child is a legal child of the couple.
What does inheritance law say about inheritance rights between adopted children and biological children?
Under adopted children inheritance law, the adopted child share the same legal rights to their adoptive parents’ assets and properties as their biological children. There are no differences, explicit or implicit, when it comes to the adopted child’s legal ability to inherit.
By law, the adopted child is legally equal to the biological child. If you are an adopted child reading this in Malaysia, you can put your doubts to sleep. You do not have to worry about being unable to inherit from your adoptive parents.
Even if your adoptive parents die without leaving a will behind, you will still be able to inherit from them as their legally adopted child. So you do have a fighting chance to get your share of your inheritance from your adopted parents. You can also even contest and challenge your adoptive parents’ wills if you need to. Pretty much you can do whatever a biological child can do.
What if your biological parents want to leave their assets for you?
Anything can happen in life. Your biological parents may not be in your life for the most part. However, there’s a good chance that they may still be alive while you are with your adoptive parents.
Having said that, there’s a solid chance that your biological parents may have assets and wish to leave them to you when they are gone. You can choose to take it or you can choose not to claim it. It is all pretty much up to you whether you want it or not.
You can also choose to challenge your biological parents’ will and its contents if you want to. It is understandable that you do not wish to be part of their legacy anymore for fair reasons. However, if it’s any good for your prudence, why not just take up the assets anyway? You may find that you can benefit from it in the long term. Who knows what you can get out of it in the future?
What is the best way to protect the inheritance right of adopted children?
To prevent any future hiccups from disallowing the adopted child to inherit their fair share of assets is to have a will legalized. Not only should the will be legalized, it should also be frequently reviewed and updated. That way the adopted child’s share will not be missed or overlooked when the adoptive parents are no longer around.
Including the child’s updated information is a good practice for many parents who adopt. You can ensure that your adopted children will be cared for when you are no longer around for them. Maintaining a current and clear will is an important precaution for anyone at any point in time.
Fortunately, the adopted child’s ability to inherit is not as complicated as before. It is not as complicated as it seems either.
Inheriting assets from adoptive parents isn’t as difficult as it always seems to be. If you have any doubts or need help with will writing, feel free to reach out to us today.