Q&As

Would the residence nil rate band be available where an individual leaves a qualifying residential interest to their biological child in their Will and the biological child has been adopted by a third party?

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Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Published on: 15 March 2019
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Under section 39 of the Adoption Act 1976 and subsequently section 67 of the Adoption and Children Act 2002 for adoptions after 30 December 2005, following adoption an adopted child is to be treated as a child of their adoptive parent and is not to be regarded as a child of any other person. This provides for the adopted child to take on intestacy an interest in their adoptive parents’ intestate estates, but conversely also excludes the adopted person from taking on intestacy an interest in their biological parents’ intestate estates.

The Inheritance and Trustees’ Powers Act 2014 provides that for an adoption on or after 1 October 2014, if the adopted child attains an interest in the intestate estate of one

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Interest definition
What does Interest mean?

The return earned on funds which have been loaned or invested (ie the amount a borrower pays to a lender for the use of their money).

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