46Effect of orders as regards dispositions of property, &c.

46 Effect of orders as regards dispositions of property, &c. (1) Section 45(1) has effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of this Act, and to devolutions of property in respect of which a person dies intestate after the commencement of this Act, except that that subsection does not affect a disposition of property: (a) by a person who, or by persons any of whom, died; and (b) that has taken effect in possession, before the commencement of this Act. (2) Section 45(1) does not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act. (3) Where: (a) before the commencement of this Act, a person made, by an instrument other than a will, a disposition of property; (b) the disposition had not taken effect in possession before the commencement of this Act; and (c) it did not appear from the instrument that it was the intention of the person to include adopted children as objects of the disposition, the person may, notwithstanding that the instrument could not, apart from this subsection, be revoked or varied, by a like instrument vary the first-mentioned instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument. (4) Nothing in section 45 or in this section affects the operation of a provision in a will or other instrument (whether made or coming into operation before or after the commencement of this Act) distinguishing between adopted children and children other than adopted children.