Section 21 Entitlement to grant of probate etc.

England and Wales

(1)

For the purpose of determining the person or persons who would in accordance with probate rules be entitled to a grant of probate or administration in respect of the estate of a deceased person, the deceased shall be presumed, unless the contrary is shown, not to have been survived—

(a)

by any person related to him whose father and mother were not married to F1, or civil partners of, each other at the time of his birth; or

(b)

by any person whose relationship with him is deduced through such a person as is mentioned in paragraph (a) above.

(2)

In this section “probate rules” means rules of court made under section 127 of the M1F2Senior Courts Act 1981.

(3)

This section does not apply in relation to the estate of a person dying before the coming into force of this section.

Annotations

Textual amendments

F1: Words in s. 21(1)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 13(4)
F2: Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal citations

M1: 1981 c. 54.