Part 1

Adoption
Chapter 4

Status of Adopted Children

Rules of interpretation for instruments concerning property
69
1
The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.
2
In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—
a
the adopted person had been born on the date of adoption,
b
two or more people 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 a person’s age.
3
Examples of phrases in wills on which subsection (2) can operate are—
- 1. Children 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 grandchildren of A instead of children of A.
- 4. A for life “until he has a child”, and then to his child or children.
- Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.
4
Section 67(3) does not prejudice—
a
any qualifying interest, ...
b
any interest expectant (whether immediately or not) upon a qualifying interest, or
c
any contingent interest (other than a contingent interest in remainder) which the adopted person has immediately before the adoption in the estate of a deceased parent, whether testate or intestate.
“Qualifying interest” means an interest vested in possession in the adopted person before the adoption.
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—
a
it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument, and
b
if she does so, then (in spite of section 67) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.
6
In this section, “instrument” includes a private Act settling property, but not any other enactment.
S. 69 in force at 30.12.2005 by S.I. 2005/2213, art. 2(d) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
S. 69 applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
Word in s. 69(4) omitted (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), ss. 4(1)(a), 12(2) (with s. 4(2)); S.I. 2014/2039, art. 2
S. 69(4)(c) inserted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), ss. 4(1)(b), 12(2) (with s. 4(2)); S.I. 2014/2039, art. 2