Succession Act 1965

F18[Entitlement to grant of probate or administration.

27A

27A.F19[(1)]F20[Subject to subsection (2), 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 F20[whose parents have not married each other or whose parents are not civil partners of each other] or by any person whose relationship with the deceased is deduced through a person F20[whose parents have not married each other or whose parents are not civil partners of each other].

F19[(2) Subsection (1) shall not apply in relation to a person whose parents have not married each other or whose parents are not civil partners of each other where

(a) the person has been adopted by a cohabiting couple

(i) under an adoption order, or

(ii) outside the State, where that adoption is recognised by virtue of the law for the time being in force in the State,

or

(b) they are the parents, under section 5 of the Act of 2015, of the person.

(3) In this section

"Act of 2010" means the Adoption Act 2010;

"adoption order" has the same meaning as it has in section 3(1) of the Act of 2010;

"cohabiting couple" has the same meaning as it has in section 3(1) (amended by section 102 of the Act of 2015) of the Act of 2010.]]

Annotations

Amendments:

F18

Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 30, commenced as per s. 1(2)(b).

F19

Inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 66(a) and (c), commenced by S.I. No. 474 of 2017 other than in relation to insertion of subs. (2)(b); commenced in relation to insertion of subs. (2)(b) (4.05.2020) by S.I. No. 624 of 2019.

F20

Substituted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 66(b), S.I. No. 474 of 2017.

Editorial Notes:

E7

The section heading is taken from the amending section in the absence of one included in the amendment.