Succession Act 1965 section 27A

Entitlement to grant of probate or administration

Section 27A establishes a presumption used when determining who is entitled to a grant of probate or a grant of administration in respect of a deceased person's estate, specifically concerning relatives whose parents were not married to each other.

• This section applies when deciding entitlement to grants of probate (section 26) or administration (section 27) over a deceased person's estate.
• There is a legal presumption that the deceased was not survived by any person related to them whose parents were not married to each other.
• The presumption also applies to any person whose relationship with the deceased is traced through someone whose parents were not married to each other.
• The presumption can be rebutted — it applies only unless the contrary is shown, meaning an affected person can come forward and prove the relationship exists.