Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Legitimation per subsequens matrimonium"

"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.

^ Top of page

"Adoption, the Marshall Case, and the Conflict of Laws"

BD Inglis, 1957

In a critical discussion of Re Marshall, Barclays Bank Limited v Marshall [1957] Ch 263; 2 WLR 439; 1 All ER 549, the author laments the failure of the Court to distinguish between the law governing the construction of a will (in interpreting “child” or “issue”) and the law determining the status of a foreign adopted child (whether fully legitimate) in determining such child’s rights of succession. Reference is also made to Re Brophy [1949] NZLR 1006, which fails to accord full effect to this distinction.

^ Top of page

"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