Legitimacy Act 1976

10 Interpretation. E+W

(1) In this Act, except where the context otherwise requires,—

• “disposition” includes the conferring of a power of appointment and any other disposition of an interest in or right over property;

• “existing”, in relation to an instrument, means one made before 1st January 1976;

• “legitimated person” means a person legitimated or recognised as legitimated—

(a) under section 2[F1 , 2A] or 3 above; or

(b) under section 1 or 8 of the M1 Legitimacy Act 1926; or

(c) except in section 8, by a legitimation (whether or not by virtue of the subsequent marriage of his parents) recognised by the law of England and Wales and effected under the law of any other country;

and cognate expressions shall be construed accordingly;

• “power of appointment” includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration;

• “void marriage” means a marriage, not being voidable only, in respect of which the High Court has or had jurisdiction to grant a decree of nullity, or would have or would have had such jurisdiction [F2 to make a nullity of marriage order or] if the parties were domiciled in England and Wales.

(2) For the purposes of this Act “legitimated person” includes, where the context admits, a person legitimated, or recognised as legitimated, before the passing of the M2 Children Act 1975.

(3) For the purpose of this Act, except where the context otherwise requires,—

(a) the death of the testator is the date at which a will or codicil is to be regarded as made;

(b) an oral disposition of property shall be deemed to be contained in an instrument made when the disposition was made.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F1 Word in s. 10 inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 19; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F2 Words in s. 10(1) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 45; S.I. 2022/283, reg. 2

F3 S. 10(4) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Marginal Citations

M1 1926 c. 60.

M2 1975 c. 72.