Q: What does 'Effect Of Adoption' mean in a will?
I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our family that I am aware of. What does this clause mean, and should I be concerned?
A: One would have to read the clause to know what it means. Sometimes attorneys who draft documents think they need to include "boilerplate" language to cover very unlikely but possible occurrences. It is included sometimes because that's what is "always done", but for no practical purpose. If you can't understand it, you should ask the attorney to explain it to you, but the attorney probably also meant that the clause doesn't apply.
Phillip William Gunthert agrees with this answer
A: It usually means that any legally adopted children are treated in the same manner as any biological children, you likely need to have it reviewed and or explained by your current attorney or another estate planning attorney. The adoption language is indeed generic/boiler plate language often as a "what if or just in case scenario", often it ends up not being applicable and is ignored because there are no adopted children. The issue arises in second marriages often.
A: If there have been no adoptions in your family, then this clause would not affect anything. It would be considered boilerplate that you can ignore. If there were an adoption in the family, then this clause, depending on what it says, would either include or exclude the adopted person.
Phillip William Gunthert agrees with this answer
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