When a woman left her estate to “her children,” a surprising question arose: did that include a daughter who was adopted out at birth? This recent case highlights how family secrets and unclear wording in a will can lead to costly and emotional legal battles.

The Secret Daughter: A Hidden Chapter in the Family Story

The story begins with a woman who had three children with her husband. However, during her marriage, she gave birth to another daughter. This daughter was not her husband’s child and was adopted by another family when she was about six months old. To protect her marriage and avoid scandal, friends and family were told that the baby had died at birth.

Many years later, after growing up with her adoptive family and having children of her own, the adopted-out daughter managed to track down her birth mother. The two reconnected in the late 1980s and, according to evidence accepted by the Court, developed a close and affectionate relationship that lasted for about thirty years. They shared visits, meals, cards, and celebrated life’s milestones together. However, this relationship was kept secret from the other children, and the adopted-out daughter was never introduced to them as their sibling.

What Happens If a Will Doesn’t Name All the Children?

When the woman died at age 100, her estate was worth nearly $880,000. Her will, written in 1992, left the residue of her estate to “such of my children and their issue as survive me by thirty days and attain the age of twenty-one years and if more than one in equal shares.” The three children she raised were named as executors and beneficiaries. The adopted-out daughter was not named in the will.

The adopted-out daughter argued that she should be included as one of the “children” mentioned in the will, pointing to her biological relationship and the long-standing, affectionate bond she shared with her mother. The other siblings disagreed, saying that “my children” referred only to those named in the will and not to the daughter who had been adopted out and raised by another family.

Unable to agree, the executors asked the Supreme Court of South Australia to decide whether the adopted-out daughter was entitled to a share of the estate.

How Do Courts Decide What a Will Means?

The Court’s job was to figure out what the woman meant by “my children” when she wrote her will. The judge explained that the starting point is always the actual words used in the will, read in light of the circumstances known to the person making it at the time.

In this case, by 1992, the woman had re-established a relationship with her adopted-out daughter. However, she went to great lengths to keep that relationship secret from her other children. The judge considered whether this secrecy explained why the adopted-out daughter was not named in the will.

The judge found it significant that only the three children who had been raised by the woman were named as executors and beneficiaries. The adopted-out daughter was not mentioned at all, even though their relationship was well established by then. The woman did not update her will after her husband died or as her relationship with her adopted-out daughter deepened.

Under South Australian law, once a child is adopted by another family, they legally cease to be the child of their birth parents for inheritance purposes—unless the will specifically says otherwise. The judge concluded that there was no clear intention in the will to include the adopted-out daughter as a beneficiary.

Can an Adopted-Out Child Inherit from Their Birth Parent’s Will?

Whether an adopted-out child can inherit from their birth parent’s will depends on exactly how the will is written and what evidence there is about the parent’s intentions. In this case, because the will did not name the adopted-out daughter or otherwise indicate an intention to include her, and because she had been legally adopted out as a baby, she was not entitled to share in the estate.

The Court accepted that there was a real and affectionate relationship between the woman and her adopted-out daughter for many years. However, this was not enough to override the clear wording of the will or change the legal effect of adoption.

Why Is It Important to Name All Intended Beneficiaries in Your Will?

This case is a classic example of how uncertainty in a will can lead to expensive and distressing disputes. If you want someone to benefit from your estate—especially if family circumstances are unusual—it is vital to name them specifically in your will.

Because the woman’s will was unclear about who “my children” included, her executors had no choice but to ask the Court for advice. This process took time, involved legal fees, and reduced the value of the estate for everyone involved.

Unclear wording or failure to address unique family situations (such as children adopted out or secret relationships) can force loved ones into court to resolve what the deceased really wanted. This is not only costly but can also create lasting rifts within families.

What Should I Do If There Is a Dispute Over a Will?

If you are involved in a disagreement over a will—whether as an executor or as someone who believes they should have been included—it is important to seek legal advice early. Estate disputes can be complex, especially when family relationships are complicated or when there is uncertainty about what certain words mean in a will.

Websters Lawyers have experienced Estate Law specialists who can help you understand your rights and options. We offer a free initial telephone consultation to discuss your concerns and provide guidance on how best to proceed. Call us on 8231 1363 if you need assistance with any dispute over a will.

How Can I Make Sure My Will Reflects My True Wishes?

This story shows just how important it is to make your intentions clear when preparing your will. If you have children who were adopted out, stepchildren, or other non-traditional family arrangements, you should specify exactly who you want to benefit from your estate.

A well-drafted will can prevent disputes like this one. By working with a lawyer who specialises in estate planning, you can ensure your wishes are followed and your loved ones are spared unnecessary stress and expense after you are gone.

What Happens If Someone Is Left Out of a Will?

In South Australia and throughout Australia, people who feel they have been unfairly left out of a will may have options to challenge it—depending on their relationship with the deceased and other factors. However, these challenges are separate from disputes about interpreting what a will actually means.

If you believe you have been left out of a will unfairly or if you are an executor facing such a claim, it is crucial to get professional advice as soon as possible.

Conclusion: Get Help with Estate Disputes from Websters Lawyers

This case is a powerful reminder that family secrets and unclear wording can create significant problems when it comes time to distribute an estate. If you are facing uncertainty about a will or are involved in an estate dispute, don’t wait until matters escalate.

Websters Lawyers have experienced Estate Law specialists ready to help you resolve your concerns efficiently and compassionately. For a free initial telephone consultation about any estate dispute or concerns over the interpretation of a will, call us today on 8231 1363.

Let us you through even the most complex family situations—so your loved ones can focus on what really matters.

 

In the Estate of Olive Deane Pepper (Deceased) [2025] SASC 103 (23 June 2025)