Georgia Supreme Court Rules That Virtual Adoption Requires Intestacy

The Georgia Supreme Court has recently ruled on the issue of virtual adoption.  Virtual adoption involves a person orally agreeing to adopt someone and all parties acting on it.  This type of adoption is not the same as legal or statutory adoption.  The equitable doctrine of virtual adoption has no effect if a person disposes of their assets through a will, the decedent has to die intestate for it to apply.  The Court stated that “intestacy requirement is completely consistent with the law of equitable or virtual adoption in other states.” The Georgia Supreme Court’s opinion can be read here.

See Luke Lantta, Virtual Adoption Requires Intestacy, Bryan Cave Fiduciary Litigation, July 15, 2015.