Was the deceased adopted (or did they adopt someone)?

A legally adopted child has the same rights in law as a biological child.

For example:

1. an adopted child of the deceased has an equal right to apply for a grant of letters of administration as a biological child;
2. a gift in a will “in equal shares to such of my children as survive me” will include a legally adopted child or children.

By contrast, a person who was treated casually by the deceased as their child, but never legally adopted, is not treated as a member of the family for probate purposes.

Adoption and the Probate Service

If you are applying for probate without the assistance of a solicitor or other authorised professional, the Probate Service will wish to know if the deceased was an adopted child or if they adopted a child.

This is to ensure that the estate is being administered by someone authorised to do so, for example by an adopted child under the rules of intestacy.