Legitimate Concerns: BVI Status Of Children Act, 2014

The majority of offshore jurisdictions have long provided for equality in the legal rights and status of legitimate and 'illegitimate' children where trusts, estates and wills are concerned. As of 31 October 2014, the BVI joined such jurisdictions, instituting the Status of Children Act, 2014 (the Act), which effectively nullifies the use of 'legitimate' or 'illegitimate' and 'lawful' or 'unlawful' as terms determining the status, rights, privileges and obligations of any child.

Formerly, BVI succession rules for the estates of persons who died intestate distinguished between children born in and out of wedlock, disallowing nearly all inheritance rights to an 'illegitimate' child.1 The Act now remedies that situation and, where the paternity of a child is admitted or established, they will be treated in the same manner as a legitimate child under the rules of inheritance, and will benefit equally.