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| Protection of trustees and personal representatives. |
56. - (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 property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.
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(2) A trustee or personal representative is not 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.
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(3) This section 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.
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| Meaning of "disposition". |
57. - (1) In this Chapter, unless the context otherwise requires-
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"disposition" includes the conferring of a power of appointment and any other disposition of an interest in or right over property, |
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"power of appointment" includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration. |
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(2) This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.
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(3) For the purposes of this Chapter, the death of the testator is the date at which a will or codicil is to be regarded as made.
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(4) For the purposes of this Chapter, provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.
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| Miscellaneous enactments. |
58. - (1) Section 51 does not apply for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 or sections 10 and 11 of the Sexual Offences Act 1956 (incest).
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(2) Section 51 does not apply for the purposes of any provision of-
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(a) the British Nationality Act 1981, |
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(b) the Immigration Act 1971, |
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(c) any instrument having effect under an enactment within paragraph (a) or (b), or |
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(d) any other provision of the law for the time being in force which determines British citizenship, British Dependent Territories citizenship, the status of a British National (Overseas) or British Overseas citizenship. |
| Pensions. |
59. Section 51(2) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person's adoption.
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| Insurance. |
60. - (1) Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, then-
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(a) the rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents, and |
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(b) for the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy. |
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(2) Where the adoption is effected by an order made by virtue of section 43(2)(a), the references in subsection (1) to the adoptive parents are to be read as references to the adopter and the person to whom the adopter is married.
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