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26 1987

STATUS OF CHILDREN ACT, 1987

PART V

Property Rights

Definition (Part V).

26. —In this Part “the Act of 1965” means the Succession Act, 1965 .

Construction of dispositions, etc.

27. —(1) In any disposition (including a disposition creating an entailed estate) made after the commencement of this Part, references, however expressed, to relationships between persons shall be construed in accordance with section 3 of this Act.

(2) The following provisions of section 3 of the Legitimacy Act, 1931 , namely—

(a) subsection (1) (b) (which relates to the effect of dispositions where a person has been legitimated),

(b) subsection (1) (c) (which relates to the effect of legitimation on entailed estates), and

(c) subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation),

shall not apply—

(i) in the case of the said subsection (1) (b), to a disposition made after the commencement of this Part,

(ii) in the case of the said subsection (1) (c), in relation toany entitlement under an entailed estate created by a disposition made after the commencement of this Part, and

(iii) in the case of the said subsection (2), in relation to any right conferred by a disposition made after the commencement of this Part,

except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons.

(3) For the purpose of any property right to which this section or section 4A (inserted by this Act) of the Act of 1965 relates, the provisions of section 26 of the Adoption Act, 1952 (which relates to the property rights of persons adopted under the Adoption Acts, 1952 to 1976) shall be construed as applying also to any person adopted outside the State whose adoption is recognised by virtue of the law for the time being in force in the State.

(4) (a) Subject to paragraph (b) of this subsection, this section is without prejudice to section 26 (as construed in accordance with subsection (3) of this section) of the Adoption Act, 1952 .

(b) An adopted person shall, unless the contrary intention appears, be entitled to take under a disposition made after the commencement of this Part in the same manner as he would have been entitled to so take if, at the date of the adoption order, he had been born in lawful wedlock to the person or persons who so adopted him.

(5) Any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy is hereby abrogated as respects such dispositions made after the commencement of this Part.

(6) In relation to any disposition made before the commencement of this Part—

(a) nothing in this section shall affect the operation or construction of, or any entitlement under, any disposition so made, and

(b) where such a disposition creates a special power of appointment, nothing in this section shall be interpreted as extending the class of persons in whose favour the appointment may be make so as to include any person who is not a member of that class.

(7) (a) In this section “disposition” means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil.

(b) Notwithstanding any rule of law, a disposition made by will or codicil executed before the commencement of this Part shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.

Amendment of section 3 of the Act of 1965.

28. —Section 3 of the Act of 1965 is hereby amended—

(a) by the insertion in subsection (1) after the definition of “an intestate” of the following:

“‘issue’ shall be construed in accordance with section 4A (inserted by the Status of Children Act, 1987);”,

and

(b) by the insertion of the following subsection after subsection (1):

“(1A) In this Act a reference, however expressed, to a person whose parents have married or have not married each other shall be construed in accordance with section 4 of the Status of Children Act, 1987.”.

Succession rights.

29. —The Act of 1965 is hereby amended by the insertion after section 4 of the following section:

“4A.—(1) In deducing any relationship for the purposes of this Act, the relationship between every person and his father and mother shall, subject to section 27A of this Act (inserted by the Act of 1987), be determined in accordance with section 3 of the Act of 1987, and all other relationships shall be determined accordingly.

(2) Where a person whose father and mother have not married each other dies intestate, he shall be presumed not to have been survived by his father, or by any person related to him through his father, unless the contrary is shown.

(3) The reference in section 75(1) to Part VI and the reference in the said section 75(1) to the foregoing provisions of the said Part VI shall, in relation to an instrument inter vivos made, or a will coming into operation, after the commencement of Part V of the Act of 1987, be construed as including references to this section.

(4) This section is without prejudice to section 26 (which, as construed in accordance with section 27 (3) of the Act of 1987, relates to the property rights of adopted persons) of the Adoption Act, 1952 .

(5) This section shall not affect any rights under the intestacy of a person dying before the commencement of Part V of the Act of 1987.

(6) In this section ‘the Act of 1987’ means the Status of Children Act, 1987.”.

Entitlement to grant of probate or administration.

30. —The Act of 1965 is hereby amended by the insertion after section 27 of the following section:

“27A.—For the purpose of the application of section 26 or 27 in respect of the estate of a deceased person, the deceased shall be presumed, unless the contrary is shown, not to have been survived by any person related to him whose parents have not married each other or by any person whose relationship with the deceased is deduced through a person whose parents have not married each other.”.

Amendment of section 117 of the Act of 1965.

31. —Section 117 of the Act of 1965 is hereby amended by the insertion of the following subsection after subsection (1):

“(1A) (a) An application made under this section by virtue of Part V of the Status of Children Act, 1987, shall be considered in accordance with subsection (2) irrespective of whether the testator executed his will before or after the commencement of the said Part V .

(b) Nothing in paragraph (a) shall be construed as conferring a right to apply under this section in respect of a testator who dies before the commencement of the said Part V .”.

Repeals relating to property rights.

32. —The provisions of the following enactments are hereby repealed to the extent specified:

(a) in the Provident Nominations and Small Intestacies Act, 1883, section 8;

(b) in the Savings Banks Act, 1887, the words “, or in case of any illegitimacy of the deceased person or his children, to or among such person or persons as may be directed by the said regulations,” in section 3 (2);

(c) in the Superannuation Act, 1887, the words “, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may think fit,” in section 8;

(d) in the Industrial and Provident Societies Act, 1893, section 27 (2);

(e) in the Friendly Societies Act, 1896, section 58 (2);

(f) in the Legitimacy Act, 1931 , sections 1(3) and 9;

(g) in the Local Government (Superannuation) Act, 1956 , the words “or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit,” in section 61 (1) (e);

(h) in the Act of 1965, section 110.