In the absence of any intimation to the contrary in a will, the word "child," the word "son", the word "daughter"
or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the Will, the reputation of being such relative.
Illustrations:
(i) A having three children, B, C and A of whom B and Care legitimate and D is illegitimate leaves his property to be equally divided among "my children". The property belongs to B and C in equal shares, to the exclusion of D.
(ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.
(iii) A, having in his Will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to "my said children". B Will take a share in the legacy along with the legitimate children.
(iv) A leaves a legacy to "the children of B". B is dead and has left none but illegitimate children. All those who had at the date of the Will acquired the reputation of being the children of B are objects of the gift.
(v) A bequeaths a legacy to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest.
(vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy.
(vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void.
(viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
Legal Commentary & Landmark Judgments: Section 100
Section 100 enacts the statutory presumption that words expressing relationship denote only legitimate relatives, unless a contrary intention appears by the will or no legitimate relatives exist.
The section provides two important statutory exceptions: (1) where the will itself demonstrates a clear intention to include illegitimate persons; and (2) where the person whose children or relatives are mentioned had no legitimate relatives answering the description at the date of the will, and could not reasonably have had any, so that the words would be wholly inoperative unless applied to illegitimate relatives.
Section 100 is decisive in inheritance battles involving non-marital children. If a testator bequeaths property 'to my sons', non-marital sons are excluded by default under Section 100. To benefit a non-marital child, the testator must name the child specifically or provide an explicit definition within the will overriding the Section 100 presumption.