Children Act 1975

12 (1) Subject to any contrary indication, the rules of construction contained in this paragraph 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 paragraph, 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 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 sub-paragraph (4) can operate are set out in paragraph 6(3).

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

(a) his parents subsequently marry, and

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

section 1(1) of the [1926 c. 60.] Legitimacy Act 1926 and this paragraph 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 was legitimated at the date of the marriage.

(7) In this paragraph " instrument" includes a private Act settling property, but not any other enactment.

(8) Section 1(1) of the Legitimacy Act 1926 has effect subject to the provisions of this paragraph.

(9) Part II of Schedule 4, which repeals enactments superseded by this paragraph, has effect as respects any instrument, other than an existing instrument.