Textual Amendments
F1Sch. 1 repealed (E.W.) by Adoption Act 1976 (c.36, SIF 49:11). s. 74(2), Sch 4
Textual Amendments
F2Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4
[F35(1)Paragraph 3—S
(a)does not apply to an existing instrument or enactment so far as it contains a disposition of property, and
(b)does not apply to any public general Act in its application to any disposition of property in an existing instrument or enactment.
(2)The repeal by this Act of sections 16 and 17 of the M11958 Act, and of provisions containing references to those sections, does not affect their application in relation to a disposition of property effected by an existing instrument.
(3)For the purposes of this paragraph, and of paragraph 6, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.]
Textual Amendments
F3Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4
Marginal Citations
M11958 c. 5 (7 & 8 Eliz. 2)(49:11).
[F46(1)Subject to any contrary indication, the rules of construction contained in this paragraph apply to any instrument, other than an existing instrument, so far as it contains a disposition of property.S
(2)In applying paragraph 3(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent of parents, the disposition shall be construed as if—
(a)the adopted child had been born on the date of adoption,
(b)two or more children adopted on the same date had been born on that date in the order of their actual births,
but this does not affect any reference to the age of a child.
(3)Examples of phrases in wills on which sub-paragraph (2) can operate are—
1. Childern of A “living at my death or born afterwards”.
2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest, and who attain the age of 21 years”.
3. As in example 1 or 2, but referring to grandfather of A, instead of children of A.
4. A for life “until he has a child”, and then to his child or children.
Note. Sub-paragraph (2) will not affect the reference to the age of 21 years in example 2.
(4)Paragraph 3(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.
(5)Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of fifty-five she will not adopt a child after execution of the instrument, and notwithstanding paragraph 3 if she does so the child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.
(6)In this paragraph “instrument” includes a private Act settling property, but not any other enactment.
(7)Paragraph 3(6) has effect subject to this paragraph.]
Textual Amendments
F4Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4