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PART IIProperty Rights of Illegitimate Children

18Illegitimate children to count as dependants under Inheritance (Family Provision) Act 1938

(1)For the purposes of the [1938 c. 45.] Inheritance (Family Provision) Act 1938, a person's illegitimate son or daughter shall be treated as his dependant in any case in which a legitimate son or daughter of that person would be so treated, and accordingly in the definition of the expressions " son" and " daughter " in section 5(1) of that Act, as amended by the [1966 c. 35.] Family Provision Act 1966, after the words "respectively include " there shall be inserted the words " an illegitimate son or daughter of the deceased ".

(2)In section 26(6) of the [1965 c. 72.] Matrimonial Causes Act 1965 (which provides, among other things, for the word " dependant" to have the same meaning as in the said Act of 1938 as amended by the said Act of 1966), after the words " as amended by the Family Provision Act 1966 " there shall be inserted the words " and the Family Law Reform Act 1969 ".

(3)This section does not affect the operation of the said Acts of 1938 and 1965 in relation to a person dying before the coming into force of this section.