Adoption Act 1993

If, under a will made after the commencement of this Act—

a disposition of property or of an interest in property (a bequest) is expressed to be made by the testator to a person (the beneficiary) who is not named but who is described as a child of the testator or of a domestic partner, parent, child, brother or sister of the testator, being a person who was adopted by another person; and

the personal representative of the testator is unable to ascertain the name and address of the beneficiary;

For the meaning of domestic partner, see Legislation Act, s 169.

If the public trustee and guardian is given a copy of a will under subsection (1), the public trustee and guardian must, in writing, request the director‑general to ascertain and give to the public trustee and guardian the name and address of the beneficiary.

If the director‑general receives a request under subsection (2), the director‑general must examine the records in the possession of the director‑general and, if necessary, ask a private adoption agency or other body or person to attempt to ascertain the name and address of the beneficiary or, if the beneficiary has died, the date of the death, and the director‑general must tell the public trustee and guardian the results of the examination and enquiries.

If the information received from the director‑general does not show the name and address of the beneficiary, or shows that the beneficiary has died, the public trustee and guardian must inform the personal representative accordingly.

If the information received from the director‑general shows the name and address of the beneficiary, the public trustee and guardian must, if the beneficiary has attained the age of 18 years—

find out whether the beneficiary wishes to accept the bequest; and

if the beneficiary does not wish to accept the bequest—inform the personal representative accordingly; and

if the beneficiary does wish to accept the bequest—inform the personal representative that the proceeds of the bequest should be transferred to the public trustee and guardian on behalf of the beneficiary; and

on receiving the proceeds of the bequest—transmit the proceeds to the beneficiary.

If the information received from the director‑general shows the name and address of the beneficiary, the public trustee and guardian must, if the beneficiary has not attained the age of 18 years—

inform the personal representative that the proceeds of the bequest should be transferred to the public trustee and guardian to be held in trust for the beneficiary; and

hold the proceeds of the bequest in trust for the beneficiary on the trusts (if any) set out in or arising under the will until the beneficiary attains the age of 18 years; and

on the beneficiary attaining the age of 18 years, transfer the proceeds of the bequest to the beneficiary (unless the beneficiary then disclaims the bequest).

If the personal representative transfers the proceeds of a bequest to the public trustee and guardian under this section, the personal representative is taken to have transferred the bequest to the beneficiary.

If the public trustee and guardian gives to the personal representative a written statement to the effect that the beneficiary has disclaimed a bequest to which the beneficiary was entitled under the will that statement is, for the purpose of the administration of the estate by the personal representative, conclusive evidence that the beneficiary has disclaimed the bequest.

The public trustee and guardian must not, in information conveyed to a personal representative under this section, include particulars that identify or tend to identify the adopted person.