55Bequest by will to unascertained adopted person

55 Bequest by will to unascertained adopted person

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

(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

(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

(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

(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

(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.