DISTRIBUTION OF ASSETS – LEGAL RIGHTS OF CHILDREN BORN IN UNREGISTERED CUSTOMARY MARRIAGES TO INHERIT INTESTATE ESTATES
Born to parents in an unregistered Chinese customary marriage, an individual was deemed illegitimate following their father’s intestate death. The key legal issue is whether this individual can inherit under the Distribution Act 1958 (DA). The DA does not restrict inheritance to legitimate children only; it includes all bloodline descendants. Therefore, the individual qualifies as ‘issue’ and is entitled to inherit their father’s estate despite questions of legitimacy.