Scots law treats adopted children fairly and comprehensively. Still, if your family is built through adoption, you should take time to understand your legal position when planning your estate and making a will.  

Do adopted children have the same legal rights as biological children?

Once an adoption order is finalised, the child has exactly the same inheritance rights as a biological child. There is no legal distinction between the two, so adopted children benefit from the same protections and entitlements, including Scotland’s “legal rights” provisions.

Legal rights give children automatic entitlement to claim a share of their parents’ moveable estate (cash, investments, vehicles, jewellery, personal possessions, etc.), regardless of what the will says. The exact division depends on whether you’re survived by a spouse or civil partner (who also has legal rights to your estate). All children receive an equal share of the entitled division, whether they are biological or legally adopted. 

A few things to note about legal rights:

• They belong to all children, not just minors - the entitlement doesn’t expire when your children reach 18 or become financially independent.
• You cannot completely disinherit an adopted child - even if you explicitly write this into your will, they retain the right to claim their legal rights.
• Stepchildren have no such rights - they must be explicitly included in your will to benefit from your estate (unless you have legally adopted them).

Is an adopted child entitled to inherit from their birth parents?

The short answer is no. The Succession (Scotland) Act 1964 states that from the point an adoption is legally finalised, the adopted person is to be treated as the child of their adoptive parents, and the legal relationship with their birth family is severed. 

Many modern adoptions can involve the adoptee’s biological parents maintaining contact after the adoption is finalised. These ongoing relationships may feel emotionally significant, but they do not restore legal inheritance rights. While the adopted child has no legal claim to their biological parents’ estate, their birth parents can still choose to leave them something in their will; they just must be explicitly named. 

Writing a will with adopted children

Writing a will when children are involved requires care and attention. This equally applies to adopted children. Here are some considerations worth keeping in mind before drafting a will.

Updating your will after adoption

We always advise making a will as early as possible, so it’s not uncommon to experience a will-altering life event, like adopting a child, after you’ve already put one in place. In this instance, it’s essential to review and update your will alongside a solicitor to ensure all children are properly and fairly provided for.

Distributing among children

Whether your children are biological, adopted, or a mix of both, legal rights set a minimum standard for provisions, and you can choose to allocate more to each child, equally or not.

This is particularly relevant for blended families, where your child from a previous relationship might receive a substantial inheritance from their other parent, leaving your adopted child at a financial disadvantage. These decisions are highly personal and dependent on your individual family circumstances. “Fairness” doesn’t always mean equal, but open communication about your inheritance plans is vital to prevent the risk of misunderstandings and disputes after your death.

You cannot disinherit an adopted child

Scottish legal rights ensure that adopted children receive a fair share of your moveable estate, even if you try to reduce their inheritance or exclude them entirely. While it’s a legitimate wish to leave the majority of your assets to your surviving spouse/partner, your children are still able to claim legal rights and disrupt your planned distribution of assets. 

Perhaps you feel that your spouse needs more assistance after your death than your children do, or your children are estranged and you want their provisions to reflect that? Whatever your reasoning, a solicitor can talk through your options and support in drafting a realistic will for your needs.

Modern families require modern solutions

Modern families can be wonderfully complex, with multiple marriages, blended families, biological children, adopted children, stepchildren, and sometimes informal care arrangements all woven together.

If your family structure includes any of these complications, always seek professional legal advice when drafting a will. The consequences of getting it wrong can be severe and irreversible.

The cost of professional advice is modest compared to the potential cost of family conflict or unintended outcomes after your death.