Article 43 Dispositions depending on date of birth
Where a disposition depends on the date of birth of a child who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, Article 42(2) does not affect entitlement under Part II of the Family Law Reform (Northern Ireland) Order 1977F1F2 or Article 22 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 (illegitimate children).
Paragraph (1) applies for example where—
a testator dies in 1986 bequeathing a legacy to his eldest grandchild living at a specified time,
his daughter has an illegitimate child in 1987 who is the first grandchild,
his married son has a child in 1988,
subsequently the illegitimate child is adopted by the mother as sole adoptive parent,
and in all those cases the daughter's child remains the eldest grandchild of the testator throughout.
Annotations
Textual amendments
- F1
- F2