Statute prevents adopted adults from taking under will

The settlor created an inter vivos trust which terminated on the death of the his last surviving child at which time the trust property was to be distributed to issue of his children, and if none, to his heirs determined as if he had died at the time of trust termination.
   

He also created a testamentary trust with the same terms but without a the gift over.
   

At the time of termination, the only issue of his children were two adopted daughters of his son who had been adopted as adults.  Under Rhode Island intestacy law, there is no distinction between persons adopted as minors and those adopted as adults.  However, a statute provides that a gift in an instrument to children, issue, etc. of the adoptive parents does not include a person over the age of 18 at the time of adoption.
   

In Fleet Nat’l Bank v. Hunt, 944 A.2d 846 (R.I. 2008), the court held that the lifetime trust was distributable to the adopted children as heirs of the decedent but because they were not issue of their parent under the statute, the testamentary trust failed and was distributable to the decedent’s heirs determined as of his date of death.