§ 47 — Effect of adoption order on property of adoptive parents and adopted child

47.—(1) Where, at any time after the making of an adoption order, an adoptive parent or the adopted child or any other person dies intestate in respect of any movable or immovable property, that property devolves in all respects as if the adopted child were the child of the adoptive parent born in a lawful marriage and not the child of any other person.(2) In any disposition of movable or immovable property made, whether by instrument inter vivos or by will (including codicil) after the date of the adoption order —(a)

any reference (whether express or implied) in the disposition to the child or children of the adoptive parent is to be construed, unless the contrary intention appears, as or as including a reference to the adopted child;

(b)

any reference (whether express or implied) in the disposition to the child or children of the adopted child’s biological parents or either of them is to be construed, unless the contrary intention appears, as not being or as not including a reference to the adopted child; and

(c)

any reference (whether express or implied) in the disposition to a person related to the adopted child in any degree is to be construed, unless the contrary intention appears, as a reference to the person who would be related to the adopted child in that degree if the adopted child were the child of the adoptive parent born in a lawful marriage and not the child of any other person.

(3) Where —(a)

an adopted child or the spouse or issue of an adopted child takes any interest in movable or immovable property under a disposition by his or her adoptive parent or under any intestacy; or

(b)

an adoptive parent of an adopted child takes any interest in movable or immovable property under —(i)

a disposition by the adopted child or the spouse or an issue of the adopted child; or

(ii)

the intestacy of the adopted child or the spouse or an issue of the adopted child,

any estate or other duty which becomes leviable in respect of the movable or immovable property is payable at the same rate as if the adopted child had been a child born to the adoptive parent in a lawful marriage.

(4) For the purposes of this section, “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will (including codicil).

(5) For the purposes of section 20 or 21 of the Civil Law Act 1909 —(a)

a person is deemed to be the parent or child of the deceased despite being only related to the deceased in consequence of adoption; and

(b)

accordingly, in deducing any relationship which under the provisions of that section is included within the meaning of the expressions “parent” and “child”, an adopted child is to be treated as being, or as having been, the legitimate offspring of his or her adoptive parent.

(6) Subject to subsection (7) but despite anything else in this section, trustees or personal representatives —(a)

may convey or distribute any movable or immovable property to or among the persons entitled to the property without having ascertained that no adoption order has been made by virtue of which any person is or may be entitled to any interest in the property; and

(b)

are not liable to any such person of whose claim they have not had notice at the time of the conveyance or distribution.

(7) Nothing in subsection (6) affects the right of any person mentioned in subsection (6)(b) to follow the property, or any property representing it, into the hands of any person, other than a purchaser, who may have received it.

(8) Where an adoption order is made in respect of a person who has been previously adopted (whether under this Act or the repealed Act), the previous adoption is to be disregarded for the purposes of this section in relation to —(a)

the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order; and

(b)

any disposition of property made after that date.

—(1) Where, at any time after the making of an adoption order, an adoptive parent or the adopted child or any other person dies intestate in respect of any movable or immovable property, that property devolves in all respects as if the adopted child were the child of the adoptive parent born in a lawful marriage and not the child of any other person.

(2) In any disposition of movable or immovable property made, whether by instrument inter vivos or by will (including codicil) after the date of the adoption order —(a)

any reference (whether express or implied) in the disposition to the child or children of the adoptive parent is to be construed, unless the contrary intention appears, as or as including a reference to the adopted child;

(b)

any reference (whether express or implied) in the disposition to the child or children of the adopted child’s biological parents or either of them is to be construed, unless the contrary intention appears, as not being or as not including a reference to the adopted child; and

(c)

any reference (whether express or implied) in the disposition to a person related to the adopted child in any degree is to be construed, unless the contrary intention appears, as a reference to the person who would be related to the adopted child in that degree if the adopted child were the child of the adoptive parent born in a lawful marriage and not the child of any other person.

(3) Where —(a)

an adopted child or the spouse or issue of an adopted child takes any interest in movable or immovable property under a disposition by his or her adoptive parent or under any intestacy; or

(b)

an adoptive parent of an adopted child takes any interest in movable or immovable property under —(i)

a disposition by the adopted child or the spouse or an issue of the adopted child; or

(ii)

the intestacy of the adopted child or the spouse or an issue of the adopted child,

any estate or other duty which becomes leviable in respect of the movable or immovable property is payable at the same rate as if the adopted child had been a child born to the adoptive parent in a lawful marriage.

(4) For the purposes of this section, “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will (including codicil).

(5) For the purposes of section 20 or 21 of the Civil Law Act 1909 —(a)

a person is deemed to be the parent or child of the deceased despite being only related to the deceased in consequence of adoption; and

(b)

accordingly, in deducing any relationship which under the provisions of that section is included within the meaning of the expressions “parent” and “child”, an adopted child is to be treated as being, or as having been, the legitimate offspring of his or her adoptive parent.

(6) Subject to subsection (7) but despite anything else in this section, trustees or personal representatives —(a)

may convey or distribute any movable or immovable property to or among the persons entitled to the property without having ascertained that no adoption order has been made by virtue of which any person is or may be entitled to any interest in the property; and

(b)

are not liable to any such person of whose claim they have not had notice at the time of the conveyance or distribution.

(7) Nothing in subsection (6) affects the right of any person mentioned in subsection (6)(b) to follow the property, or any property representing it, into the hands of any person, other than a purchaser, who may have received it.

(8) Where an adoption order is made in respect of a person who has been previously adopted (whether under this Act or the repealed Act), the previous adoption is to be disregarded for the purposes of this section in relation to —(a)

the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order; and

(b)

any disposition of property made after that date.