Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

6 Application of certain presumptions in cases of illegitimacy

(1) Where in the construction of any deed either—

(a) the principle known as conditio si institutus sine liberis decesserit (in accordance with which the issue of a deceased person may in certain circumstances become entitled to the rights under a deed to which the deceased person would have become entitled if he had not died), or

(b) the principle of accretion (in accordance with which, if provision is made in any deed in favour of a number of persons jointly, the share in that provision of any one of those persons may in certain circumstances accresce on his death to the other person or persons in whose favour the provision was made),

would apply for the benefit of any person if it were not for the fact that that or any other person is or was illegitimate, then, unless the contrary intention appears, that principle shall nevertheless apply for the construction of the deed as if the illegitimate person were or had been born legitimate.

(2) The application in relation to any testamentary writing of the principle known as conditio si testator sine liberis decesserit (in accordance with which a testamentary writing may in certain circumstances be held to be revoked by the birth of a child to the testator after the execution of the testamentary writing) shall not be excluded by reason only of the fact that any child born to the testator after the execution of the testamentary writing is or was illegitimate.

(3) Subsection (2)(a) and subsections (3) to (5) of section 5 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.