Legitimacy

Janina Porter – is an English solicitor in the probate department at Voisin.

It may seem archaic in today’s society to question a child’s legitimacy and can in some cases, cause offence.  However, when discussing the subject of inheritance, it is essential that the issue is considered. 

What does the law mean by ‘legitimate’ and ‘illegitimate’?

Under articles 2(1) and 4(1) of The Legitimacy (Jersey) Law 1973 a child is ‘illegitimate’ if the mother and father were not married when the child was born or conceived, and have not subsequently married.

Why is the issue important?

When it comes to inheriting from a father, under the intestacy rules, the law simply does not acknowledge ‘illegitimate’ children.  This applies only in the case of fathers.  Pursuant to article 11(1) Legitimacy (Jersey) Law 1973, ‘legitimate’ and ‘illegitimate’ children are treated the same when inheriting from their mother. 

An illegitimate child will not inherit from the father’s estate under the intestacy rules.

This is a sobering thought.  Many couples today have children together, without getting married.   The law will not ‘recognise’ the father’s ‘illegitimate’ child or children and his estate may instead pass, in its entirety, to his surviving spouse, or even his brothers and sisters with his ‘illegitimate’ child or children inheriting nothing.

It is essential therefore that the father has a will prepared. 

Care then needs to be taken when drafting the will.

The Will must not leave his estate generally to ‘his children’ because again, only his ‘legitimate’ child or children (if any) will inherit under the Will. The Will must instead refer to his ‘illegitimate’ child or children specifically by name. Only then will that ‘illegitimate’ child or children inherit.

It is important therefore that if you have a child and have not married the mother, you have a Will prepared to ensure your child is provided for. 

Our team of experts here at Voisin can discuss your instructions and prepare your Will in a sensitive, professional and approachable manner.  The Will can be finalised in a short space of time and at a competitive price, possibly for less than you thought. 

So, please contact either Janina Porter (janinaporter@voisinlaw.com)
or Anne Hembry (annehembry@voisinlaw.com), or to find out more or telephone 01534 500300 or visit our website  - www.voisinlaw.com