| Commentary

11 Children

| Commentary

11 Children

When ‘children’ of a person1 are objects of a power, it is necessary to consider whether that term is limited to legitimate children or also extends to illegitimate and legitimated children. The position of adopted children also needs to be considered. In general, the term does not include step-children. Of course, the instrument may provide its own definition of the term and may be limited (eg ‘to the children of A by B’).

From 1 January 1970 the age of majority was reduced from 21 to 18 years of age2. Appointments made under pre-1970 settlements will incorporate this reduction

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