Family Law Reform Act 1987

18 Succession on intestacy. E+W

(1) In Part IV of the Administration of Estates Act 1925 (which deals with the distribution of the estate of an intestate), references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 above.

(2) For the purposes of subsection (1) above and that Part of that Act, a person whose father and mother were not married to [F1 , or civil partners of,] each other at the time of his birth shall be presumed not to have survived by his father, or by any person related to him only through his father, unless the contrary is shown.

[F2 (2ZA) Subsection (2) does not apply if a person is recorded as the intestate's father, or as a parent (other than the mother) of the intestate—

(a) in a register of births kept (or having effect as if kept) under the Births and Deaths Registration Act 1953, or

(b) in a record of a birth included in an index kept under section 30(1) of that Act (indexes relating to certain other registers etc ). ]

[F3 (2A) In the case of a person who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (treatment provided to woman who agrees that second woman to be parent), the second and third references in subsection (2) to the person's father are to be read as references to the woman who is a parent of the person by virtue of that section.]

(3) In [F4 section 50(1) of the Administration of Estates Act 1925] (which relates to the construction of documents), the reference to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of this section (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to this section.

(4) This secton does not affect any rights under the intestacy of a person dying before the coming into force of this section.

Textual Amendments

F1 Words in s. 18(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 13(3)

F2 S. 18(2ZA) inserted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), ss. 5, 12(2) (with s. 12(4)); S.I. 2014/2039, art. 2

F3 S. 18(2A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 25(2); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.)

F4 Words in s. 18(3) substituted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 25(3); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.)