LEGITIMACY ACT 1961

In this Act, unless the context otherwise requires—

“date of legitimation” means the date of the marriage leading to the legitimation or, where the marriage occurred before the prescribed date, the prescribed date;

“disposition” means an assurance of any interest in property by any instrument, whether inter vivos or by will;

“intestate” includes a person who leaves a will but dies intestate as to some beneficial interest in his estate;

“legitimated person” means a person legitimated by this Act or by any of the written laws repealed by this Act, that is to say—

in the case of the States of Johore, Malacca and

Penang, the first day of July 1936;

in the case of the States of Kedah, Kelantan,

Terengganu and Perlis, the 23rd day of March 1961;

and

in the case of States of Sabah and Sarawak, the first day of January 1972;

“will” includes codicil.

References in this Act to Malaysia shall be construed in relation to any time before Malaysia Day as references to the territories now comprised in Malaysia.

Conditions of application of Act

Nothing in this Act shall operate to legitimate a person unless the marriage leading to the legitimation was solemnized and registered in accordance with—

(Deleted by Act 164).

The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in property save as hereinafter in this Act expressly provided.

*NOTE—This Ordinance has been repealed by section 109 Law Reform (Marriage and

Divorce) Act 1976 [Act 164] through Act A498 with effect from 15-08-1980 – see section 23 Act A498.

A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in Malaysia or elsewhere, apply by petition to the High

Court praying the Court for a decree declaring that the petitioner is the legitimate child of his parents, or that his parent or remoter ancestor was legitimate; and the High Court shall have jurisdiction to hear and determine the application and to make a decree declaratory of the legitimacy or illegitimacy of that person as to the Court may seem just; and that decree shall be binding to all intents and purposes on all persons whomsoever.

Every petition under this section shall be accompanied by such affidavit verifying the facts alleged in the same, and by such proof of the absence of fraud or collusion, as the Court may by any general rule direct.

In all proceedings under this section the Court shall have full power to award and enforce payment of costs to any person cited, whether that person shall or shall not oppose the declaration applied for, in case the said Court shall deem it reasonable that the costs should be paid.

A copy of every petition under this section, and of the affidavit accompanying the same, shall, not less than one month before the filing thereof, be delivered to the Attorney General, who shall be a respondent upon the hearing of the petition and upon every subsequent proceeding relating thereto.

Where any application is made under this section to the

Court, such person (if any) besides the Attorney General as the

Court shall think fit shall, subject to the rules made under this section, be cited to see proceedings, or otherwise summoned in 060e.fm Page 7 Friday, March 31, 2006 3:40 PM

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such manner as the Court shall direct, and may be permitted to become parties to the proceedings, and oppose the application.

The decree of the Court shall not in any case prejudice any person—

No proceeding to be had under this section shall affect any final judgment or decree already pronounced or made by any

Court of competent jurisdiction.

The Rules Committee may make rules for carrying the provisions of this section into effect.

Rights of legitimated persons to take interests in property

Subject to this Act, a legitimated person and his spouse, children or more remoter issue shall be entitled to take any interest—

Where the right to any property depends on the relative seniority of the children of any person, and these children include one or more legitimated persons, the legitimated person or persons shall rank as if he or they had been born on the day when he or they became legitimated by virtue of this Act, and if more than one such legitimated person became legitimated at the same time they shall rank as between themselves in order of seniority.

This section applies only if and so far as a contrary intention is not expressed in the disposition, and shall have effect 060e.fm Page 8 Friday, March 31, 2006 3:40 PM

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subject to the terms of the disposition and to the provisions contained therein.

Succession on intestacy of legitimated persons and their issue

All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person shall apply in the case of a person recognized as having been legitimated under this section, or who would, had he survived the marriage of his parents, have been so recognized; and accordingly this Act shall have effect as if references therein to a legitimated person included a person so recognized as having been legitimated.

Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other

Where, on or after the prescribed date, an illegitimate child, not being a legitimated person, dies intestate as respects 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.

Saving