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Articles for the keyword(s) "Legitimacy"

"Adoption and Succession in Private International Law"

BD Inglis, 1957

This article deals with rights of succession at English law of children adopted overseas with reference to English case law. The author concludes that, if a child adopted overseas has acquired the status of legitimacy through the operation of the relevant foreign adoption law, that child must have the same capacities and incapacities as a legitimate child in England. Therefore, the construction of terms, such as “issue” and “child”, is governed by English domestic law, but the question whether a person has acquired the status of legitimacy is governed by the rules of private international law.

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"Case and Comment: In re Marshall"

BD Inglis, 1957

The author criticises the position adopted by the English court that, in order for a child adopted overseas to succeed under an English will, the child must have succession rights under the law governing the adoption. It is submitted that the foreign law, governing the adoption, should determine the child’s status (legitimate or not), while issues relating to the construction of the will is governed by English law. The author points out that the position of a child adopted overseas has been assimilated with that of a child adopted in New Zealand through statute