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Articles for the keyword(s) "Succession: rights of adopted child"

"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