Tasmanian Consolidated Acts

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ADOPTION ACT 1988 - SECT 51

Effect of orders in relation to dispositions of property
(1)  Subsection (1) of section 50 has effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of the repealed Act , except that that subsection does not affect –
(a) a disposition of property by a person who, or by persons any of whom, died before that commencement; or
(b) a disposition of property that took effect in possession before that commencement.
(2)  Section 50 (1) does not apply to, or in relation to, an agreement or instrument made or executed before the commencement of the repealed Act , unless the agreement or instrument effects a disposition of property.
(3)  Where –
(a) before the commencement of the repealed Act , a person made a disposition of property by an instrument other than a will; and
(b) the disposition had not taken effect in possession before that commencement; and
(c) it did not appear from the instrument that it was the intention of that person to include adopted children as objects of the disposition –
that person may, notwithstanding that the instrument could not, but for this subsection or a corresponding previous enactment, be revoked or varied, by a similar 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)  In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of the repealed Act , an adoption order made under that Act or this Act has effect as if the Adoption of Children Act 1920 were still in force.
(5)  Nothing in section 50 or in this section affects the operation of any provision in a will or other instrument, whether made or coming into operation before or after the commencement of the repealed Act , distinguishing between adopted children and children other than adopted children.



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