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Part 1E+W+SAdoption

Chapter 4U.K.Status of Adopted Children

70 Dispositions depending on date of birthU.K.

(1)Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family Law Reform Act 1987 (c. 42) (dispositions of property).

(2)Subsection (1) applies for example where—

(a)a testator dies in 2001 bequeathing a legacy to his eldest grandchild living at a specified time,

(b)his unmarried daughter has a child in 2002 who is the first grandchild,

(c)his married son has a child in 2003,

(d)subsequently his unmarried daughter adopts her child as sole adoptive parent.

In that example the status of the daughter’s child as the eldest grandchild of the testator is not affected by the events described in paragraphs (c) and (d).

Commencement Information

I1S. 70 in force at 30.12.2005 by S.I. 2005/2213, art. 2(d) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)