Succession Act, 1925 — Section 99: Construction of terms

99. Construction of terms. In a will―

(a)the word “children” applies only to lineal descendants in the first degree of the person whose “children” are spoken of;

(b)the word “grandchildren” applies only to lineal descendants in the second degree of the person whose “grandchildren” are spoken of;

(c)the words “nephews” and “nieces” apply only to children of brothers or sisters;

(d)the words “cousins”, or “first cousins”, or “cousins-german”, apply only to children of brothers or of sisters of the father or mother of the person whose “cousins”, or “first cousins”, or “cousins-german”, are spoken of;

(e)the words “first cousins once removed” apply only to children of cousins german, or to cousins-german of a parent of the person whose “first cousins once removed” are spoken of;

(f)the words “second cousins” apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose “second cousins” are spoken of;

(g)the words “issue” and “descendants” apply to all lineal descendants whatever of the person whose “issue” or “descendants” are spoken of;

(h)words expressive of collateral relationship apply alike to relatives of full and of half blood; and

(i)all words expressive of relationship apply to a child in the womb who is afterwards born alive. 100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate. In the absence of any intimation to the contrary in a will, the word “child”, the word “son”, the word “daughter”, or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. Illustrations

(i)A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among “my children”. The property belongs to B and C in equal shares, to the exclusion of D.

(ii)A, having a niece of illegitimate birth, who has acquired the reputation of being his niece, and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.

(iii)A, having in his will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to “my said children”. B will take a share in the legacy along with the legitimate children.

(iv)A leaves a legacy to “the children of B”. B is dead and has left none but illegitimate children. All those who had at the date of the will acquired the reputation of being the children of B are objects of the gift.

(v)A bequeaths a legacy to “the children of B”. B never had any legitimate child. C and D had, at the date of the will, acquired the reputation of being children of B. After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest.

(vi)A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy.

(vii)A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void.

(viii)A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is valid.