ADOPTION ACT 1984 - SECT 55 Bequest by will to unascertained adopted person

ADOPTION ACT 1984 - SECT 55

S. 55(1) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

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

S. 55(1)(a) amended by Nos 72/1997

s. 12(d), 68/2015 s. 13(1).

        (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, domestic partner, 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.

S. 55(2) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

s. 7(Sch. 1).

    (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.

S. 55(3) amended by No. 46/1998

s. 7(Sch. 1).

    (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.

S. 55(4) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

s. 7(Sch. 1).

    (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.

S. 55(5) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

s. 7(Sch. 1).

    (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.

S. 55(7) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 9), 46/1998

s. 7(Sch. 1).

    (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.

S. 55(8) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

    (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.

S. 55(9) amended by No. 55/1987 s. 57(3)(Sch. 5 item 9).

    (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.

S. 55(10) inserted by No. 68/2015 s. 13(2).

    (10)     In this section—

"de facto relationship "means the relationship of a man and a woman who are living together as husband and wife on a genuine domestic basis, although not married to each other;

"de facto spouse" means—

        (a)     in relation to a man who is living with a woman in a de facto relationship, the woman with whom he is living in that de facto relationship;

        (b)     in relation to a woman who is living with a man in a de facto relationship, the man with whom she is living in that de facto relationship.

No. 7147 s. 34.