12AEntitlement to participation in distribution of intestate estates

##### 12A. Entitlement to participation in distribution of intestate estates (1) Where, after the coming into operation of the *Administration Act Amendment Act 1971*, any person dies intestate as respects all or any of his property, for the purpose of determining who is entitled to participate in the distribution of that part of his estate to which the intestacy applies the relationship between a child and his parents shall be determined irrespective of whether the parents are or have been married to each other, and all other relationships, whether lineal or collateral, shall be determined accordingly. (2) In any proceedings where a person relies on a matter of fact made relevant by the provisions of subsection (1) — (a) that fact shall not be taken to be proved unless it is established to the reasonable satisfaction of the Court; and (b) where the parents are not, or have not been, married to each other, the relationship between a child and his parent, and all other lineal or collateral relationships, shall be recognized only — (i) if parentage is admitted by or established against the parent in his lifetime; and (ii) where the purpose for which the relationship is to be determined enures for the benefit of the parent, if parentage has been so admitted or established in the lifetime of the child. (2a) Subsection (2)(b) does not apply to or in respect of a relationship established by the *Artificial Conception Act 1985*. (3) The estates of all persons who have died intestate as to the whole or any part thereof before the coming into operation of the *Administration Act Amendment Act 1971*, shall be distributed in accordance with the enactments and rules of law which would have applied to them if that Act had not been passed. (4) The estates of all persons who have died intestate as to the whole or any part thereof before the coming into operation of Part 2 of the *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* shall be distributed in accordance with the enactments and rules of law which would have applied to them if that Act had not been passed. [Section 12A inserted: No. 18 of 1971 s. 3; amended: No. 14 of 1985 s. 8; No. 3 of 2002 s. 4.]