sec.217Bequest by will to an unascertained adopted person

### sec.217 Bequest by will to an unascertained adopted person This section applies if— under a will, the testator makes a disposition of property to a person who is described— as being a child of the testator or of another person; and as having been adopted by another person; and the personal representative of the testator is unable to find out the name and address of the adopted person. The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to find out the name and address of the adopted person. On receipt of the copy of the will, the public trustee must give the chief executive a notice asking the chief executive to take steps to find out the name and address of the adopted person. On receipt of the request, the chief executive must take steps to find out the name and address of the adopted person and, if the adopted person has died, the date of the death by— checking the chief executive’s records; and asking the registrar. If the chief executive finds out the name, address or date of death, the chief executive must give the information to the public trustee. If the chief executive is unable to find out the name, address or date of death, the chief executive must advise the public trustee. On receiving information or advice from the chief executive under subsection (5) or (6) , the public trustee must give a notice to the personal representative stating— whether the name or address has been ascertained; or if it has been ascertained that the adopted person has died, the date of death. The public trustee is a trustee for the adopted person on the trusts stated in, or arising under, the will. If the personal representative transfers property to the public trustee as trustee for the adopted person, the personal representative is taken to have transferred the property to the adopted person. Subsections (8) and (9) do not apply if the adopted person died before the testator or, for another reason, is not entitled to an interest under the will. If the public trustee gives the personal representative a notice that the adopted person has disclaimed property to which the adopted person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the adopted person has disclaimed the property. This section applies only to a will made after the commencement of the repealed Act, section 29A . (sec.217-ssec.1) This section applies if— under a will, the testator makes a disposition of property to a person who is described— as being a child of the testator or of another person; and as having been adopted by another person; and the personal representative of the testator is unable to find out the name and address of the adopted person. (sec.217-ssec.2) The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to find out the name and address of the adopted person. (sec.217-ssec.3) On receipt of the copy of the will, the public trustee must give the chief executive a notice asking the chief executive to take steps to find out the name and address of the adopted person. (sec.217-ssec.4) On receipt of the request, the chief executive must take steps to find out the name and address of the adopted person and, if the adopted person has died, the date of the death by— checking the chief executive’s records; and asking the registrar. (sec.217-ssec.5) If the chief executive finds out the name, address or date of death, the chief executive must give the information to the public trustee. (sec.217-ssec.6) If the chief executive is unable to find out the name, address or date of death, the chief executive must advise the public trustee. (sec.217-ssec.7) On receiving information or advice from the chief executive under subsection (5) or (6) , the public trustee must give a notice to the personal representative stating— whether the name or address has been ascertained; or if it has been ascertained that the adopted person has died, the date of death. (sec.217-ssec.8) The public trustee is a trustee for the adopted person on the trusts stated in, or arising under, the will. (sec.217-ssec.9) If the personal representative transfers property to the public trustee as trustee for the adopted person, the personal representative is taken to have transferred the property to the adopted person. (sec.217-ssec.10) Subsections (8) and (9) do not apply if the adopted person died before the testator or, for another reason, is not entitled to an interest under the will. (sec.217-ssec.11) If the public trustee gives the personal representative a notice that the adopted person has disclaimed property to which the adopted person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the adopted person has disclaimed the property. (sec.217-ssec.12) This section applies only to a will made after the commencement of the repealed Act, section 29A . - (a) under a will, the testator makes a disposition of property to a person who is described— (i) as being a child of the testator or of another person; and (ii) as having been adopted by another person; and - (i) as being a child of the testator or of another person; and - (ii) as having been adopted by another person; and - (b) the personal representative of the testator is unable to find out the name and address of the adopted person. - (i) as being a child of the testator or of another person; and - (ii) as having been adopted by another person; and - (a) checking the chief executive’s records; and - (b) asking the registrar. - (a) whether the name or address has been ascertained; or - (b) if it has been ascertained that the adopted person has died, the date of death.