Search Legislation

Legitimacy Act 1976

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Legitimacy Act 1976, Section 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5 Rights of legitimated persons and others to take interests in property.E+W

(1)Subject to any contrary indication, the rules of construction contained in this section apply to any instrument other than an existing instrument, so far as the instrument contains a disposition of property.

(2)For the purposes of this section, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

(3)A legitimated person, and any other person, shall be entitled to take any interest as if the legitimated person had been born legitimate.

(4)A disposition which depends on the date of birth of a child or children of the parent or parents shall be construed as if—

(a)a legitimated child had been born on the date of legitimation,

(b)two or more legitimated children legitimated on the same date had been born on that date in the order of their actual births,

but this does not affect any reference to the age of a child.

(5)Examples of phrases in wills on which subsection (4) above can operate are—

1.Children of A “living at my death or born afterwards”.

2.Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest, and who attain the age of 21 years”.

3.As in example 1 or 2, but referring to grandchildren of A, instead of children of A.

4.A for life “until he has a child” and then to his child or children.

Note. Subsection (4) above will not affect the reference to the age of 21 years in example 2.

(6)If an illegitimate person or a person adopted by one of his natural parents dies, or has died before the commencement of this Act, and—

(a)after his death his parents marry or have married; and

(b)the deceased would, if living at the time of the marriage, have become a legitimated person,

this section shall apply for the construction of the instrument so far as it relates to the taking of interests by, or in succession to, his spouse, children and remoter issue as if he had been legitimated by virtue of the marriage.

(7)In this section “instrument” includes a private Act settling property, but not any other enactment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources