Adoption
Foreword
As one can imagine this particular issue have
brought countless arguments and disagreements between family members
and "none family members" so to say. It should be noted, that in the
case of making a Will, this needs to be considered and drafted with
the assistance of a professional.
Illegitimacy
At Common law illegitimate children lacked
capacity. With regards to the position of
" des batards" Subject to the law of a jurisdiction, the law could
provide that where the mother of an illegitimate child died
intestate the child ( or child's issue) could have the same rights
(including legitime rights) in her succession as if the had been
legitmate. Where an illegitimate child died intestate his mother
could have the same succession rights as she would have had if he
had been legitimate and she had been the only surviving parent.
Adoption
Adopted children and their adopted relatives
normally stand in the same relationship to one another as if the
child were the legitime child of the person adopting it.
As an example; Children validly adopted by the
law of South Africa wished to claim legitme from their adoptive
father's estate. The legitime claim was allowed on the basis that
there is no distinction between children acquired by operation of
nature from children acquired by the operation of law by adoption in
any jurisdiction if the adoption was valid by the laws of that
jurisdiction.
The English Children Act provides that an adopted
child is the legitmate child of its adoptive parents or parents. It
applies if the adoption order was made by a court on the UK, the
Isle of Man, Jersey, or Guernsey and also to certain foreign
jurisdictions. The position appears to apply the same way.
Aliens
Depending under the laws and rules of a
particular jurisdiction an "aubain" (literally an alien which
translated as a person not having that jurisdictions nationality)
was not entitled to inherit immovable estate on intestacy i.e. under
jersey law. With regards to Jersey by 1973 this restriction was
removed in the case of EEC nationals bur has now been abolished
altogether under the heading "Non Discrimination".
"Aubains" or aliens or foreigners are or
were not able depending on the term of the jurisdiction in question
not able to inherit. The provision of many case laws have since made
it possible for "aubains" including citizens of British Commonwealth
including those who where not a British subject. Those provisions
now made it possible for "aubains" to inherit on intestacy.
Regardless to the above, it is vital for those
who are or have "aubains" to seek professional information relating
to inheritance matters.
Marriage and Divorce
A Will is not revoked by marriage. Subject to the
jurisdiction the effect of a divorce is to revoke any devise,
bequest or legacy to the spouse and to revoke an appointment of the
spouse as executor or executrix.
Normally a minor being a person under the age of
(16 - 25 subject to the jurisdiction in question) is unable to make
a valid Will but an exception could be there for minors who are
married.
Divorce or a decree of judicial separation or
desertion without cause could serve to cancel the right to;
