SCHEDULES
F10SCHEDULE 1 Status conferred by adoption or legitimation in England and Wales
F9Part IV Supplemental
Sch. 1 repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11) s. 74(2), Sch. 4
Dispositions depending on date of birth
F114
1
Where a disposition depends on the date of birth of a child who was born illegitimate and who—
a
is adopted by one of the natural parents as sole adoptive parent,
b
. . . F2
paragraph 6(2) and paragraph 12(4) do not affect entitlement under Part II of the M1Family Law Reform Act 1969 (illegitimate children).
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
3
This paragraph applies for example where—
a
a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,
b
his daughter has an illegitimate child in 1977 who is the first grandchild,
c
his married son has a child in 1978,
d
subsequently the illegitimate child is adopted by the mother as sole adoptive parent . . . F4.
and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.
Protection of trustees and personal representatives
F515
1
A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any propery, whether—
a
any adoption has been effected or revoked,
b
. . . F6
if that fact could affect entitlement to the property.
2
A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.
3
This paragraph does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.
Property devolving with peerages, etc.
F716
1
This Schedule shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity of title of honour.
2
This paragraph applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.
Entails
F817
It is hereby declared that references in this Schedule to dispositions of property include references to a disposition by the creation of an entailed interest.
Sch. 1 repealed (E.W.) by Adoption Act 1976 (c.36, SIF 49:11). s. 74(2), Sch 4