48 913 for ease of reference section 102 of the

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9.13 For ease of reference, section 10(2) of the Legitimacy Ordinance Cap. 184 and section 2(4) of the Ordinance are set out below – (1) Section 10(2) of the Legitimacy Ordinance – "(2) Where, after the commencement of this Ordinance, an illegitimate child not being a legitimated person, dies intestate in respect of all or any of his property, his mother if surviving shall be entitled to take any interest therein to which she would have been entitled if the child had been born legitimate and she had been the only surviving parent." (2) Section 2(4) of the Intestates' Estates Ordinance Cap. 73 – "2(4) References in this Ordinance to a brother or sister of a person mean a brother or sister who is a child of the same father as that person." Criticism of the present position 9.14 The natural father of an illegitimate child is not entitled to any part of the estate of an illegitimate child who dies intestate, even though he may have acknowledged the child and maintained the child generously throughout childhood. Only the mother is entitled even though she may have deserted the child at birth. Of course it might happen that a father abandons his illegitimate child at birth. But such a situation could also arise where the child was legitimate. 9.15 Brothers or sisters of the half blood of an illegitimate intestate who have the same mother as the intestate are not entitled, even though they may have formed one family and have all been brought up together by their mother. 9.16 Natural grandparents and uncles and aunts of an illegitimate intestate (who may have actually cared for the intestate as a child) take nothing on the death of an illegitimate person, even though there may be no closer relatives able to claim, with the result that the residuary estate of the intestate would be forfeited to the Crown (although the Crown may provide therefrom for dependants: see paragraph 8.3(g)). 9.17 In England and Wales, a corollary of the coming into force of the relevant provisions of the Family Law Reform Act 1969 equating the property rights of illegitimate persons with those of legitimate persons is that the parents of an illegitimate child who has died have both become entitled to take any interest in the estate of the child that they would have been entitled to take if the child had been born legitimate. 49
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Recommended changes 9.18 We recommend that where an illegitimate child dies intestate, his illegitimacy should be irrelevant in determining the rights of relations to inherit from his estate. This is achieved by the amendment we have recommended to section 2(2). The only remaining significance of illegitimacy will be the presumption of death required to deal with the new position whereby an illegitimate intestate's father will now be entitled to inherit. As in many cases it will not be possible to trace the father, we recommend that the presumption be that an illegitimate person is not survived by his father . (See clause 3 of the Bill at Annexure 7).
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