I have an estate where the testator has left a small legacy to her daughter who sadly predeceased her. There is no contrary intention in the will and I have interpreted it so that section 33 Wills Act 1837 shall apply.
The deceased daughter had three children, but one of the three children was put up for adoption and legally adopted.
I understand that section 39 of the Adoption Act 1976 states that an adopted child is to be treated in law as the legitimate child of the adoptive parents and not the child of the biological parents.
I am assuming that this means that the child placed for adoption will not have any claim under section 33 Wills Act 1837 but I would feel reassured if anyone can share their experience with this?
masefield solicitors LLP