Succession Act 1965

F6[Succession rights.

4A

4A.—(1) F7[F8[Subject to subsection (1A) and section 4B,] 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.

F9[(1A) In deducing any relationship for the purposes of this Act, the relationship between every donor-conceived child (within the meaning of the Act of 2015) and his or her parents shall be determined in accordance with section 5 of the Act of 2015 and all other relationships shall be determined accordingly.]

(2) F7[Subject to subsection (2A) (inserted by section 65(d) of the Act of 2015), 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.

F9[(2A) The reference to father in subsection (2) does not include a man who is, under section 5 of the Act of 2015, a parent of the first-mentioned person referred to in that subsection.]

(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.

F10[(4) This section is without prejudice to section 60 (which section 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 2010.]

(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 F11[and section 4B,] "the Act of 1987" means the Status of Children Act, 1987.]

Annotations

Amendments:

F6

Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 29, commenced as per s. 1(2)(b).

F7

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 65(a) and (c), S.I. No. 624 of 2019.

F8

Substituted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 53(a), commenced on enactment.

F9

Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 65(b) and (d), S.I. No. 624 of 2019.

F10

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 173, S.I. No. 511 of 2010.

F11

Inserted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 53(b), commenced on enactment.

Modifications (not altering text):

C8

Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 27(3), commenced as per s. 1(2)(b).

Construction of dispositions, etc.

27.—...

(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.

Editorial Notes:

E4

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