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Articles for the keyword(s) "Succession"

"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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"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.

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“New Zealand Family Law and International Law – A Comment With Some Questions”

Kenneth J Keith, 2016

The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.