Birth Information and Tracing Act 2022

Amendment of section 68 of Act of 1965

55. Section 68 of the Act of 1965 is amended—

(a) by the designation of the section as subsection (1),

(b) in subsection (1), by the substitution of “Subject to this section, if an intestate dies” for “If an intestate dies”, and

(c) by the insertion of the following subsections after subsection (1):

“(2) If an intestate who is an affected person dies leaving neither spouse nor civil partner nor issue, his or her estate shall be distributed between each person who is his or her surviving parent in equal shares, but, if only one parent survives, that parent shall take the whole estate.

(3) Where subsection (2) applies, and a surviving parent is both the father and the social father (within the meaning of section 4B) of the intestate concerned, the estate of the intestate shall be distributed between him and the other surviving parents in equal shares, but, if he is the only surviving parent, he shall take the whole estate.”.