29 Jan Adopting Children and the Effects on Wills
Adopting Children and the Effects on Wills
When you adopt a child in Argentina, the law treats them as your natural child. An adopted child has the following inheritance rights:
- The adoptive child is also rightfully included in all references made to “all my children” by the testator in his will. A majority of times documents for estate planning use a collective reference to the children of the testator. Since the law creates a parent-child relationship between adoptive parents and the adopted child – it gives the adopted child inheritance rights equal to a natural child.
- The same rule applies where the adoptive child is not included in the will (by mistake) or the parent did not have ample time to update their will following the adoption. Intestacy laws only apply where there is no will. If there is a will then you can move to have it set aside but you have to challenge the will before intestacy laws apply. The intestacy laws decide how much property does the adopted child stand to inherit (just like the natural child).
- To inherit part of the adoptive parent(s)’ estate according to the intestacy laws in the event the parties die without a Will. The adopted child has this right only in connection to the adoptive parents – not with the birth parents.
The effect of birth or adoption on a will may differ from one province to another as intestacy and probate laws vary from one province to another.