will (including a codicil) coming into operation before A.D. 1923. the commencement of this Act, or of any settlement or other disposition made before such commencement 4.-(1) In this section " disposition means a will Future wills 5 (including a codicil) coming into operation after the settlements commencement of this Act, and a settlement or other disposition made after such commencement. (2) Save as otherwise expressly provided in this section, a legitimated person and his spouse, children and 10 more remote issue may take any interest in real or personal property under a disposition in like manner as if he had been born legitimate. And accordingly, in a disposition, references to children or issue shall be construed as including a child 15 who is legitimated by this Act. (3) Where any interest in property real or personal is limited to the first and other children or to the first and other sons, or to the first and other daughters of any person in succession according to seniority, or the order 20 in which persons are to take successively or alternatively is otherwise regulated according to priority of birth, a legitimated person shall be deemed to be younger than any brother or sister of his (whether of the whole or half-blood) who is born legitimate; and where the 25 legitimated person is a son and there is a limitation over (on the failure of sons or of sons and any issue of sons) in favour of his sisters or of his sisters and any issue of a sister, the legitimated person and his issue shall be postponed in favour of his sisters, whether of the whole 30 or half-blood (born legitimate) and their issue in like manner as if he were a daughter. (4) Where property real or personal or any interest therein is limited in such a way that, if this Act had not been passed, it would (subject or not to any preceding 35 limitations or charges) have devolved (as nearly as the law permits) along with a dignity or title of honour, then nothing in this Act shall operate to sever the property or any interest therein from such dignity, but the same shall go and devolve (without prejudice to the 40 preceding limitations or charges aforesaid) in like manner as if this Act had not been passed. This subsection applies, whether or not there is any express reference to the dignity or title of honour and notwithstanding dispositions. A.D. 1923. that in some events the property, or some interest therein may become severed therefrom. Savings Death duties. Short title and commencement. (5) For the purposes of the descent of an estate tail or other entailed interest, created after the commencement of this Act, in real or personal property, a legitimated 5 person shall be deemed to be younger than any brother or sister whether of the whole or half-blood (born legitimate) of the legitimated person, and he and his issue inheritable to the entail shall be postponed accordingly. (6) This section shall take effect subject to any 10 contrary intention expressed in the disposition. 5.-(1) Nothing in this Act shall affect the succession to any dignity or title of honour or render any person capable of succeeding to or transmitting a right to succeed to any such dignity or title. (2) Nothing in this Act shall authorise a legitimated person or his issue to take by descent under an estate tail or other entailed interest created before the commencement of this Act. 15 (3) This Act does not operate to deprive a legitimated 20 person of any interest in real or personal property to which he would have been entitled if this Act had not been passed. 6. Where a legitimated person and his spouse and issue or any of them take any interest in real or personal 25 property then any succession legacy or other duty which becomes leviable after the commencement of this Act, shall be payable at the same rate as if the legitimated person had been born legitimate. 7.-(1) This Act shall be cited as the Legitimacy 30 Act, 1923. (2) This Act shall come into operation on the first day of September, nineteen hundred and twenty-three. (3) This Act does not extend to Scotland or Ireland. Tó amend the law relating to children born out of wedlock. Ordered, by The House of Commons, to be Printed, 16 February 1923. To be purchased through any Bookseller or directly from H.M. STATIONERY OFFICE at the following addresses: Imperial House, Kingsway, London, W.C. 2, and 28, Abingdon Street, London, S.W. 1; 37, Peter Street, Manchester: 1, St. Andrew's Crescent, Cardiff; or 23, Forth Street, Edinburgh. 1 A BILL [AS AMENDED BY STANDING COMMITTEE C] ΤΟ BE Amend the law relating to children born out of wedlock. E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: : A.D. 1923. parents. 1.-(1) Where the parents of an illegitimate person Legitimamarry or have married one another, whether before tion by or after the commencement of this Act, the marriage subsequent shall, if the father of the illegitimate person was or is marriage of 10 at the date of the marriage domiciled in England or Wales render that person, if living, legitimate from the commencement of this Act, or from the date of the marriage, which last happens; and such person is in this Act referred to as a "legitimated person.' 15 20 25 (2) This section does not enable a legitimated (a) an intestacy occurring before or after the com- (b) a settlement, will or other disposition made or (3) The Registrar-General may, on production of satisfactory evidence authorise at any time the re-registration of the birth of a legitimated person. |