Victorian Consolidated Legislation

Adoption Act 1984 - SECT 54

Effect of orders as regards dispositions of property etc.

54. Effect of orders as regards dispositions of property etc.



(1) The provisions of section 53(1) have effect in relation to dispositions of
property, whether by will or otherwise, and whether made before or after the
commencement of the Adoption of Children Act 1964, except that-





   (a)  those provisions do not affect a disposition of property by a person
        who, or by persons any of whom, died before the commencement of that
        Act; and

   (b)  those provisions do not affect a disposition of property that took
        effect in possession before the commencement of that Act.

(2) The provisions of section 53(1) do not apply in relation to an agreement
or instrument (not being a disposition of property) made or executed before
the commencement of the Adoption of Children Act 1964.

(3) Where-

   (a)  before the commencement of the Adoption of Children Act 1964, a person
        made, by an instrument other than a will, a disposition of property;

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

   (c)  it did not appear from the instrument that it was the intention of
        that person to include adopted children as objects of the disposition-

that person may, notwithstanding that the instrument could not, apart from
this subsection or a corresponding previous enactment, be revoked or varied,
by a like instrument vary the first-mentioned instrument to exclude adopted
children (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 the Adoption of Children Act 1964
an adoption order made under that Act or this Act shall have effect as if
neither that Act nor this Act had been passed.

(5) Nothing in section 53 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) that expressly distinguishes a
beneficiary or class of beneficiaries from another beneficiary or class.