Law of Wills, 2016A

433, 26 A.L.R.2d 249,cited by appellants, dealt with the tie of affinity in connection with statutory
classification for inheritance tax purposes, and have no bearing on the disposition of this case.
Appellants contend that they should be treated as decedent's natural children because they were
raised by him and were designated as his ‘children’ in his will. No proof was offered that they were
lawfully adopted by him. The adoption of an heir is purely statutory, and can be accomplished only
by strict compliance with the statute. In re Renton's Estate, 10 Wash. 533, 39 P. 145.
The order settling final account and decree of distribution is affirmed.
Estate of Joseph, 949 P.2d 472 (Cal. 1998)
MOSK, J.
Pursuant to section 6400 et seq. of the Probate Code, the estate of a deceased parent may pass by
intestate succession to his child as heir. For these purposes, the code defines the relationship of
parent and child to exist in three situations. First, section 6450, subdivision (a), provides that the
“relationship of parent and child exists between a person and the person's natural parents, regardless
of the marital status of the natural parents.” Second, section 6450, subdivision (b), provides that the
“relationship of parent and child exists between an adopted person and the person's adopting parent
or parents.” Third, section 6454-with which we are here concerned-provides that the “relationship
of parent and child exists between [a] person and the person's foster parent or stepparent if”“(a)
[t]he relationship began during the person's minority and continued throughout the joint lifetimes of
the person and the person's foster parent or stepparent,” and “(b) [i]t is established by clear and
convincing evidence that the foster parent or stepparent would have adopted the person but for a
legal barrier.” Thus, this provision contains what may be called a “continuing relationship”
requirement: the relationship must have continued from minority until death. It also contains what
may be called a “legal barrier” requirement: A legal barrier must have been the necessary cause of
the failure to adopt.
We granted review in this proceeding in order to resolve a conflict in the Courts of Appeal
respecting the meaning of Probate Code section 6454. In Estate of Stevenson (1992) 11 Cal.App.4th
852, 14 Cal.Rptr.2d 250 (hereafter sometimes Stevenson), the Sixth Appellate District held, in
substance, that what would become section 6454 allows the legal barrier or barriers to adoption of
the foster child or stepchild by the foster parent or stepparent to have existed only at a time at which
adoption was contemplated or attempted. In Estate of Cleveland (1993) 17 Cal.App.4th 1700, 22
Cal.Rptr.2d 590 (hereafter sometimes Cleveland), Division Five of the Second Appellate District,
declining to follow Stevenson, held, in substance, that what would become the provision requires that
the legal barrier or barriers to adoption must have continued until death. As we shall explain, we
conclude that the Cleveland court was right and the Stevenson court was wrong.
I
Petitioner, Kim Barnum-Smith, asked the Probate Department of the Superior Court of Alameda
County for letters of administration of the estate of decedent, Louis Joseph, who died intestate, and
was subsequently issued such letters of administration.
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