HL Deb 17 April 1975 vol 359 cc561-2

Instruments concerning property

10. The repeals made by this Act in the Legitimacy Act 1926 and in the enactments amending that Act shall not affect the application of that Act in relation to a disposition of property effected by an existing instrument or enactment.

11.—(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—

  1. (a) a legitimated child had been born on the date of legitimation,
  2. (b) two or more children legitimated on the same date had been born on that date in the order of their actual births,

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

  1. (a) his parents subsequently marry, and
  2. (b) the deceased would, if living at the time of the marriage, have become a legitimated person,

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

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

Legitimation of adopted child

12.—(1) Paragraph 2 does not prevent an adopted child being legitimated under the Legitimacy Act 1926

  1. (a) if the adoptive parents are the natural parents, or
  2. (b) if either natural parent is the sole adoptive parent,

(2) The revocation of an adoption order in consequence of the legitimation of the adopted person (whether by virtue of subsequent marriage of the parents or otherwise) shall not affect Part II of this Schedule as it applies to any instrument executed before the date of legitimation.


13. This Part does not apply to Scotland.

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