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Legitimacy Act 1926

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This is the original version (as it was originally enacted).

9Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other

(1)Where, after the commencement of this Act, the mother of an illegitimate child, such child not being a legitimated person, dies intestate as respects all or any of her real or personal property, and does not leave any legitimate issue her surviving, the illegitimate child, or, if he is dead, his issue, shall be entitled to take any interest therein to which he or such issue would have been entitled if he had been born legitimate.

(2)Where, after the commencement of this Act, an illegitimate child, not being a legitimated person, dies intestate in respect of all or any of his real or personal property, his mother if surviving shall be entitled to take any interest therein to which she would have been entitled if the child had been born legitimate and she had been the only surviving parent.

(3)This section does not apply to or affect the right of any person to take by purchase or descent any entailed interest in real or personal property.

(4)Subsections (1) and (2) of this section shall apply to Scotland with the substitution of " heritable " for "real" and "moveable" for "personal", and the expression ".intestate" therein occurring shall have the same meaning as in the [18 & 19 Vict. c. 23.] Intestate Moveable Succession (Scotland) Act, 1855, provided always that nothing in this section shall affect the right of any person to succeed under any entail.

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