Victorian Consolidated Legislation

Adoption Act 1984 - SECT 55

Bequest by will to unascertained adopted person

55. Bequest by will to unascertained adopted person



(1) Where, under a will made after the commencement of this section-



   (a)  a disposition of property, or of an interest in property, is expressed
        to be made by the testator to a person who is not named but who is
        described as a child of the testator or of a spouse, a de facto
        spouse, parent, child, brother or sister of the testator, being a
        person who was adopted by another person; and

   (b)  the personal representatives of the testator are unable to ascertain
        the name and address of the adopted person-

the personal representatives shall give to the State Trust a copy of the will
and a statement that they are unable to ascertain the name and address of the
adopted person.

(2) Where the State Trust is given a copy of a will under subsection (1), the
State Trust shall, by notice in writing given to the Secretary, request the
Secretary to make arrangements for ascertaining and giving to the State Trust
the name and address of the adopted person.

(3) Where the Secretary receives a request under subsection (2), the Secretary
shall cause such reasonable enquiries to be made of records in possession of
the Secretary as will show the name and enable the address or, if the adopted
person has died, the date of the death, of the adopted person to be
ascertained or, if it appears that the information cannot be obtained from
enquiries of those records, seek to obtain the information from enquiries of
an approved agency or other body or person.

(4) If the Secretary ascertains the name of the adopted person the Secretary
shall take such steps as are necessary to ascertain the address or, if the
adopted person has died, the date of death, of the adopted person and shall
inform the State Trust of that name and address or date.

(5) If the Secretary is unable to ascertain the name of the adopted person the
Secretary shall so inform the State Trust.





(6) Where the adopted person cannot be found, the property, or interest in
property to which, under the will, the adopted person was entitled, belongs to
the Crown as bona vacantia.

(7) After receiving information from the Secretary, the State Trust shall give
notice in writing to the personal representatives of the testator stating
whether or not the name and address of the adopted person has been ascertained
or, if the adopted person has died, the date of death of the adopted person.





(8) Where the State Trust-

   (a)  is, by reason of subsection (9), to be deemed to be a trustee for an
        adopted person, who is a beneficiary under a will; and

   (b)  gives to the personal representatives of the testator under that will
        a statement in writing to the effect that the adopted person has
        disclaimed the property, or interest in property to which the adopted
        person was entitled under that will-

that statement is, for the purposes of the administration of the estate by the
personal representatives, conclusive evidence that the adopted person has
disclaimed the property or interest in the property.

(9) Unless the adopted person predeceased the testator or, for any other
reason known to the personal representatives, is not entitled to an interest
under the will, the State Trust shall be deemed to be a trustee for the
adopted person upon the trusts set out in or arising under the will and, if
the personal representatives transfer the property or interest in the property
to the State Trust as trustee for the adopted person, the personal
representatives shall be deemed to have transferred the property or interest
to the adopted person.