Legitimation (Scotland) Act 1968

2 Scope of rights and obligations arising on legitimation

(1) Subject to the provisions of this section, the legitimation of a person shall not confer any status or right, or impose any obligation, on that or any other person in respect of any time previous to the date of the legitimation.

(2) A person shall not be entitled, by virtue of his legitimation or of the legitimation of any other person—

(a) to any right in the intestate estate of a person dying after the commencement of this Act and before the date of the legitimation, or

(b) to legitim out of the estate of a person dying as aforesaid.

(3) The legitimation of a person shall not affect any right under a deed coming into operation after the commencement of this Act if that right has become indefeasibly vested in any other person before the date of the legitimation.

(4) Subject to the provisions of subsection (3) above—

(a) a legitimated person shall be entitled to any right under a deed coming into operation after the commencement of this Act, being a right his entitlement to which depends on his legitimacy, and

(b) a person other than the legitimated person shall be entitled to any right under such a deed, being a right his entitlement to which depends on the legitimacy of the legitimated person.

(5) Without prejudice to the foregoing provisions of this section, any reference (however expressed) in any deed coming into operation after the commencement of this Act to a child, or to issue, of a marriage shall be construed as including a reference—

(a) in either case, to any child legitimated by that marriage, and

(b) where the reference is to issue, to the issue, being legitimated persons, of any child of that marriage (including such issue of any child legitimated by that marriage).

(6) Without prejudice to the provisions of sections 23 and 24 of the [1964 c. 41.] Succession (Scotland) Act 1964 and of section 6(2) below, where any right is conferred or any obligation is imposed, whether by operation of law or under any deed coming into operation after the commencement of this Act, by reference to the relative seniority of the members of a class of persons, and that right is conferred or that obligation is imposed in terms which indicate that the class is one consisting of legitimate persons only, then—

(a) any member of that class who is a legitimated person shall rank as if he had been born on the date of his legitimation, and

(b) if two or more members of that class are legitimated persons whose dates of legitimation are the same, they shall rank as between themselves in accordance with their respective times of birth.

(7) Subject to the foregoing provisions of this section, the legitimation of a person shall enure to the benefit of any other person claiming any right arising after the commencement of this Act, being a right his entitlement to which depends on the legitimacy of the legitimated person.

(8) Subsection (1) above shall apply only in relation to the legitimation of a person by or under this Act.