Family Law Reform Act 1969

14 Right of illegitimate child to succeed on intestacy of parents, and of parents to succeed on intestacy f illegitimate child

(1) Where either parent of an illegitimate child dies intestate as respects all or any of his or her real or personal property, the illegitimate child or, if he is dead, his issue, shall be entitled to take any interest therein to which he or such issue would have been entitled if he had been born legitimate.

(2) Where an illegitimate child dies intestate in respect of all or any of his real or personal property, each of his parents, if surviving, shall be entitled to take any interest therein to which that parent would have been entitled if the child had been born legitimate.

(3) In accordance with the foregoing provisions of this section, Part IV of the [1925 c. 23.] Administration of Estates Act 1925 (which deals with the distribution of the estate of an intestate) shall have effect as if—

(a) any reference to the issue of the intestate included a reference to any illegitimate child of his and to the issue of any such child ;

(b) any reference to the child or children of the intestate included a reference to any illegitimate child or children of his ; and

(c) in relation to an intestate who is an illegitimate child, any reference to the parent, parents, father or mother of the intestate were a reference to his natural parent, parents, father or mother.

(4) For the purposes of subsection (2) of this section and of the provisions amended by subsection (3)(c) thereof, an illegitimate child shall be presumed not to have been survived by his father unless the contrary is shown.

(5) This section does not apply to or affect the right of any person to take any entailed interest in real or personal property.

(6) The reference in section 50(1) of the said Act of 1925 (which relates to the construction of documents) to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of this section (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to this section.

(7) Section 9 of the [1926 c. 60.] Legitimacy Act 1926 (under which an illegitimate child and his issue are entitled to succeed on the intestacy of his mother if she leaves no legitimate issue, and the mother of an illegitimate child is entitled to succeed on his intestacy as if she were the only surviving parent) is hereby repealed.

(8) In this section " illegitimate child " does not include an illegitimate child who is—

(a) a legitimated person within the meaning of the said Act of 1926 or a person recognised by virtue of that Act or at common law as having been legitimated; or

(b) an adopted person under an adoption order made in any part of the United Kingdom, the Isle of Man or the Channel Islands or under an overseas adoption as defined in section 4(3) of the [1968 c. 53.] Adoption Act 1968.

(9) This section does not affect any rights under the intestacy of a person dying before the coming into force of this section.