Family Law Reform Act 1969

16 Meaning of "child " and " issue " in s. 33 of Wills Act 1837

(1) In relation to a testator who dies after the coming into force of this section, section 33 of the [1837 c. 26.] Wills Act 1837 (gift to children or other issue of testator not to lapse if they predecease him but themselves leave issue) shall have effect as if—

(a) the reference to a child or other issue of the testator (that is, the intended beneficiary) included a reference to any illegitimate child of the testator and to anyone who would rank as such issue if he, or some other person through whom he is descended from the testator, had been born legitimate; and

(b) the reference to the issue of the intended beneficiary included a reference to anyone who would rank as such issue if he, or some other person through whom he is descended from the intended beneficiary, had been born legitimate.

(2) In this section "illegitimate child " includes an illegitimate child who is a legitimated person within the meaning of the [1926 c. 60.] Legitimacy Act 1926 or a person recognised by virtue of that Act or at common law as having been legitimated.