Status of Children Act 1987

Construction of dispositions, etc.

27

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 to any 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, F2 [ section 60 of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010) ] 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 F2 [ section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010 ]

( 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.