Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If, under a will made after the commencement of this Act—
(a) a disposition of property or of an interest in property (a bequest ) is expressed to be made by the testator to a person (the beneficiary ) who is not named but who is described as a child of the testator or of a domestic partner, parent, child, brother or sister of the testator, being a person who was adopted by another person; and
(b) the personal representative of the testator is unable to ascertain the name and address of the beneficiary;
the personal representative must give to the public trustee a copy of the will and a statement that he or she is unable to ascertain the name and address of the beneficiary.
Note For the meaning of domestic partner , see Legislation Act, s 169.
(2) If the public trustee is given a copy of a will under subsection (1), the public trustee must, in writing, request the chief executive to ascertain and give to the public trustee the name and address of the beneficiary.
(3) If the chief executive receives a request under subsection (2), the chief executive must examine the records in the possession of the chief executive and, if necessary, ask a private adoption agency or other body or person to attempt to ascertain the name and address of the beneficiary or, if the beneficiary has died, the date of the death, and the chief executive must tell the public trustee the results of the examination and enquiries.
(4) If the information received from the chief executive does not show the name and address of the beneficiary, or shows that the beneficiary has died, the public trustee must inform the personal representative accordingly.
(5) If the information received from the chief executive shows the name and address of the beneficiary, the public trustee must, if the beneficiary has attained the age of 18 years—
(a) find out whether the beneficiary wishes to accept the bequest; and
(b) if the beneficiary does not wish to accept the bequest—inform the personal representative accordingly; and
(c) if the beneficiary does wish to accept the bequest—inform the personal representative that the proceeds of the bequest should be transferred to the public trustee on behalf of the beneficiary; and
(d) on receiving the proceeds of the bequest—transmit the proceeds to the beneficiary.
(6) If the information received from the chief executive shows the name and address of the beneficiary, the public trustee must, if the beneficiary has not attained the age of 18 years—
(a) inform the personal representative that the proceeds of the bequest should be transferred to the public trustee to be held in trust for the beneficiary; and
(b) hold the proceeds of the bequest in trust for the beneficiary on the trusts (if any) set out in or arising under the will until the beneficiary attains the age of 18 years; and
(c) on the beneficiary attaining the age of 18 years, transfer the proceeds of the bequest to the beneficiary (unless the beneficiary then disclaims the bequest).
(7) If the personal representative transfers the proceeds of a bequest to the public trustee under this section, the personal representative is taken to have transferred the bequest to the beneficiary.
(8) If the public trustee gives to the personal representative a written statement to the effect that the beneficiary has disclaimed a bequest to which the beneficiary was entitled under the will that statement is, for the purpose of the administration of the estate by the personal representative, conclusive evidence that the beneficiary has disclaimed the bequest.
(9) The public trustee must not, in information conveyed to a personal representative under this section, include particulars that identify or tend to identify the adopted person.