ADOPTION ACT 1993 - SECT 44 Disposition of property

ADOPTION ACT 1993 - SECT 44

    (1)     Section 43 (1) has effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of this Act, except that the subsection does not effect a disposition of property—

        (a)     by a person who, or by persons any of whom, died before the commencement of this Act; or

        (b)     that has taken effect in possession before the commencement of this Act.

    (2)     Section 43 (1) does not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act.

    (3)     If—

        (a)     before the commencement of this Act, a person made, by an instrument other than a will, a disposition of property; and

        (b)     the disposition had not taken effect in possession before the commencement of this Act; and

        (c)     it did not appear from the instrument that it was the intention of that person to include an adopted child as an object of the disposition;

that person may, even though the instrument could not, apart from this subsection, be revoked or varied, by a like instrument, vary the first instrument to exclude an adopted child (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument.

    (4)     In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act, an adoption order made under this Act has the same effect as if the repealed laws had continued in force and the adoption order had been made under those laws.

    (5)     Nothing in section 43 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of this Act) distinguishing between adopted children and children other than adopted children.

    (6)     In this section:

"repealed laws" means the following Acts or the Ordinances repealed by any of the following Acts:

        (a)     Adoption of Children Act 1965

;

        (b)     Adoption of Children Act 1974

;

        (c)     Adoption of Children (Amendment) Act 1979

;

        (d)     Adoption of Children (Amendment) Act 1983

;

        (e)     Adoption of Children (Amendment) Act 1988

;

        (f)     Adoption of Children (Amendment) Act 1991

.