Victorian Consolidated Legislation

Adoption Act 1984 - SECT 58

Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given

58. Adoption order not to affect the distribution of property by trustees or
personal representatives unless notice given



(1) Notwithstanding any other provisions of this Act, trustees or personal
representatives may, subject to this section, convey, transfer or distribute
real or personal property to or among the persons appearing to be entitled to
the property without having ascertained whether or not an adoption has been
effected by virtue of which a person is or is not entitled to an interest in
the property.

(2) A trustee or personal representative conveying, transferring or
distributing real or personal property in the manner referred to in subsection
(1) shall not be liable to a person claiming directly or indirectly by virtue
of an adoption unless the trustee or personal representative has notice of the
claim before the time of the conveyance, transfer or distribution.

(3) Nothing in this section prejudices the right of a person to follow
property into the hands of a person, other than a purchaser for value, who has
received it.

Division 3-Adoption orders subject to conditions