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Adopted Children
A child adopted legally (in terms of the Children's Act) by a person who later dies, is
deemed to be the natural child of his deceased adoptive parent. Likewise, the adoptive
parent is deemed to be the natural parent of the adopted child.
The adopted child is not deemed to be a descendant of his natural parents and conversely,
the latter will not be deemed to be the natural parents of that child.
An adopted child can therefore inherit from his adoptive parents and from their blood
relations and conversely, these persons will be entitled to inherit on intestacy from him. If,
therefore, a person has adopted children only and he/she dies intestate, the adopted
children will, (providing there is no surviving spouse), inherit the deceased’s entire
intestate estate even though the deceased is survived by his parents, brothers or sisters,
etc.
The ties between the adopted child and his natural parents are severed and an adopted
child can therefore not inherit on intestacy from his natural parents and their relatives and
they, likewise, cannot inherit from him.
It follows that where an adopted child has died intestate, his adoptive parents and/or their
blood relations inherit his belongings whereas his natural parents and their blood relations
inherit nothing.
Illegitimate and Step Children
A legally adopted child is in precisely the same position as the deceased's own child. An
illegitimate child may inherit from both his father and his mother, as well as from their blood
relations. Conversely these persons may also inherit from him on an intestate basis.
A stepchild of the deceased does not qualify as an intestate heir, unless the deceased had legally
adopted him.