New South Wales Repealed Acts

This legislation has been repealed.

ADOPTION OF CHILDREN ACT 1965 - SECT 68B

68B Administration of certain estates

(1) In this section, a reference to the executor or administrator of the estate of a deceased person includes a reference to a person who is a trustee of the whole or any part of the property comprised in the estate.

(2) Where:

(a) an adopted person is a beneficiary under the estate of a deceased person,

(b) the executor or administrator of the estate does not know the name or whereabouts of the adopted person, and

(c) the Director-General certifies, in writing, to the executor or administrator that the Director-General knows the name and whereabouts of the adopted person and that the adopted person is alive,

the executor or administrator may, with the approval of the Director-General, transfer to the Director-General, on behalf of the adopted person, any property to which the adopted person may be entitled under the estate or which may be otherwise applied for the adopted person’s benefit.

(3) A transfer made under subsection (2) shall be valid against all persons and the executor or administrator shall be absolutely discharged from all liability in respect of a transfer so made by the executor or administrator.

(4) The Director-General shall apply any property transferred to the Director-General under subsection (2) on behalf of the adopted person in respect of whom it was transferred in accordance with the trusts on which the property was held immediately before it was transferred as if the Director-General were the executor or administrator of the estate of the deceased person in respect of which the transfer was made.

(5) Nothing in this section affects any right of a person to claim or recover any property transferred under subsection (2) from a person other than the executor or administrator who transferred the property.