Adopting an adult - possible?
- From: "E. J. Jewell" <NewsFrom3@xxxxxxxxxxxxxxxxxxxxxxxx>
- Date: Thu, 31 Aug 2006 13:58:30 +0200
Question: Is it possible under English law to adopt an adult?
Probably there is no precedent for this as, for anyone resident in the UK, there is no obvious advantage. However, is there any means by which it could be done if there were a good reason for doing so? Even if there is no precedent, is there any obstacle to such an adoption?
My wife and I are resident in France and, therefore, subject to French inheritance law which, among other things, compels one to leave the bulk of ones assets (in my wife's case three quarters as she has 5 children by previous marriages) to be divided equally among ones children.
I have no children or living antecedents so I am free to leave my assets to whom I wish, albeit at punitive tax rates (60%) for bequests to non-relatives.
If my wife were to die first (we are both in our mid sixties), there is no serious problem as her assets are modest. A division between the 5 children would fall below the inheritance tax threshold.
Potential problems begin to arise if I were to die first. My priority is to provide for my wife. My present will leaves everything to her. The serious problems would manifest themselves when she dies.
For various family reasons it is very unlikely that it would be possible to get the co-operation of all 5 children in the administration of her estate. It might be possible to distribute liquid assets without the approval of the succession settlement by all 5 but our house (which would be about half the total) could not be sold without the consent of all 5 and their signatures on the deed of sale. After a lapse of 10 years, one or more of the successors could apply to the courts for permission to sell without the consent of the others. In the meantime it would be a frozen asset, falling into decay but with local taxes still having to be paid.
Apart from considerations of tax efficiency, we wish to avoid getting into a situation where the house would become unsaleable because the 5 children would have an automatic share of the title.
A possibility we have considered is for me to adopt one of my stepsons thus giving him the same succession rights and tax rates under French law as a natural son. A half share of the title would go to him automatically. I could leave the rest of it to him if I wish - with my wife retaining lifetime right of occupation (if I make a will to that effect).
Under French law it is a fairly simple matter to adopt an adult. It requires the consent of the adoptee and a deed executed by a notaire and registered with the court - a formality unless it is transparent that the only motivation is tax avoidance.
However, the French have recently introduced a new requirement. For the "adoption simple" to be applied the adoptee must be French. If the adoptee is of any other nationality (or residence?) the law of the adoptee's country must be applied.
Hence my question. Is there any means under English law that I could adopt my stepson?
Supplementary question: If it is not possible to adopt an adult, would there be any means of adopting a step-granddaughter (currently aged nearly 15)? By no means an ideal solution but it would keep the title of the property in a single name, albeit frozen until she reaches age 18. If it has any relevance, my wife is legal guardian of the granddaughter having obtained a court order in her infancy on the grounds of neglect by the natural mother.
Any suggestions very welcome. TIA.
--
E. J. Jewell <mailto:ejewell@xxxxxxxxx>
<URL:http://apsc.free.fr/> Andorran Philatelic Study Circle
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