Author Topic: Adoption, Childrens homes 1950+  (Read 646 times)

Offline Mariposa Weir-Webber

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Adoption, Childrens homes 1950+
« on: Friday 06 April 18 11:27 BST (UK) »
hi all

My nana recently passed away and this is a complex and sad case im trying to decipher.

My nana gave birth to 3 children in the 50's with her first husband, John Manclark. after the 3rd child was born my nana and John split up.  He took the eldest girl but the 2 younger ones went to live with my nana.  She found love again and struggled to feed the 2 kids with her not working and her new guy in the armed forces, money was tight.  Her first husband never helped her with any funds.  ONe day she went to his asnd demanded he help feed the kids who were getting thin.  The mother in law dragged the kids inside and the ex went out to beat my nana.  The front door closed and my nana never saw the kids again until years after.

Somehow, Johns Mother Mary (who hated my nana) got her sent away for 6 months for Neglect which is why she never saw her kids again.  My nana never stopped searching and her Mother in law was quite high up in the system and knew people.  They went into hiding and eventually, from what we found out, the children all go taken off of John and his mother and put into a care home in the Quarriers home in Bridge Of Weir Scotland in the mid 50's.

Basically when they were in their teens, they found nana and said they were told nana was dead.  They didn't stay close and all drifted apart as nana had her new family and these kids were angry at my nana they believed she let them go).

50 years on, i get a call from a guy saying he is nanas son and he found my tree on Genes Reunited.  he visits a few times in the last 7 years (less than a handful).  Nana was diagnosed with dementia and with my dad poorly and aunt living in Scotland, i started caring for her.  i got her into a residential home and visited all the time to care for her needs.  She broke her neck in a fall and ended up in hospital for 7 weeks before dying of starvation! (dementia caused her to depress her self into not eating).  not one of the kids from her earlier life visited. 

When nana died, she didn't have much left as all her funds paid for her living costs in the home.   what she did have left was under 500 pound and she expressed this was to go to an animal charity which my aunt and dad agreed.  Until in comes the children from before! the vultures!

The point of this story is im looking into whether these children were actually still my nanas kids by law.  They were taken from their parents and placed into an orphan home so somewhere down the line my nanas rights and their rights must've been relinquished?

How do i find out if they have rights to claim this measly 500!?  I want to know if my nana was legally still bound to them.

Appreciate any advice - no judgements please.  life was very different back then in Scotland.

Thank you in advance

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Online KGarrad

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Re: Adoption, Childrens homes 1950+
« Reply #1 on: Friday 06 April 18 12:43 BST (UK) »
As I understand things (I may be wrong) once a child is adopted, they relinquish all inheritance rights to their parents estates.

Scottish Law may be different, of course. But I think I am correct in my thinking.
Garrad (Suffolk, Essex, Somerset), Crocker (Somerset), Vanstone (Devon, Jersey), Sims (Wiltshire), Bridger (Kent)

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Offline Mariposa Weir-Webber

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Re: Adoption, Childrens homes 1950+
« Reply #2 on: Friday 06 April 18 13:03 BST (UK) »
This is indeed the case. I need to find out if they were adopted or just kept in care.

How would I do this?

Offline dawnsh

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Re: Adoption, Childrens homes 1950+
« Reply #3 on: Friday 06 April 18 13:09 BST (UK) »
You will need to apply for official copies of their birth certificates.

https://www.nrscotland.gov.uk/registration/about-registration-in-scotland#adopt

If they have been legally adopted out of their birth names, a copy of a birth cert bought now should show this.

Might I aslo suggest you take legal advice?

If the estate is only worth 500, this will be gobbled up in legal fees and disbursements so there will be no inheritance.
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Online KGarrad

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Re: Adoption, Childrens homes 1950+
« Reply #4 on: Friday 06 April 18 14:08 BST (UK) »
If she left a will, which then went to probate, there is nothing to worry about?
If there was no will (she died intestate) then it might be a problem.
If the children weren't adopted it's possible they could contest - but that would probably be expensive!

A person's wishes aren't legally binding, unless they are expressed in a will.
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Offline BumbleB

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Re: Adoption, Childrens homes 1950+
« Reply #5 on: Friday 06 April 18 14:18 BST (UK) »
As I understand things (I may be wrong) once a child is adopted, they relinquish all inheritance rights to their parents estates.

Scottish Law may be different, of course. But I think I am correct in my thinking.

You are correct as far as England is concerned.  My husband was formally adopted by his mother when she re-married.  When his birth father died he was not allowed to inherit. 
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Re: Adoption, Childrens homes 1950+
« Reply #6 on: Saturday 07 April 18 11:52 BST (UK) »
If she left a will, which then went to probate, there is nothing to worry about?
As she lived and died in Scotland, it did not go to probate. Probate does not exist in Scots Law so the word is meaningless in Scotland.

The corresponding legal process in Scotland is confirmation.

As I understand it, all the children of a deceased person are entitled to share a third of the estate of that person, or, if the deceased was widowed, to share half of the estate. I think that if the person leaves a will in which a third (or half) of the estate is left to a child of the second family, the other children have no claim. I do not know what happens if she died intestate, or what effect an adoption would have.

If I were you, I would go to the Citizens' Advice Bureau and seek advice from someone qualified in Scots law relating to inheritance.

It might be easier just to divide the 500 by the total number of children and pay out their share to the 3 from the first family - that way you will get something to pass on to the charity of your nan's choice, but if it gets into the hands of lawyers none of you will see any of it.
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Offline Poppy62

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Re: Adoption, Childrens homes 1950+
« Reply #7 on: Saturday 07 April 18 20:04 BST (UK) »
I can't help you with your dilemma, However what a very sad story.

 :'(

Offline MonicaL

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Re: Adoption, Childrens homes 1950+
« Reply #8 on: Saturday 07 April 18 20:39 BST (UK) »
Sad it is for sure  :-\

Why not contact a service such as Citizen Advice who can offer you free specialist legal advice?

www.citizensadvice.org.uk/scotland/about-us/get-advice-s/

Monica
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