ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 18 1958 c.5 (7 & 8 Eliz.2)

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ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 18

1958 c.5 (7 & 8 Eliz.2)

18.(1) The provisions of this section and section 19 shall apply to the
devolution of any property on the intestacy of a person who dies after the
date of the commencement of this Act, or any disposition of property made,
whether by instrument inter vivos or by will (including codicil), after that
date.

(2) Where, at any time after the making of an adoption order, the adopter or
the adopted person or any other person dies intestate in respect of any
property (other than property which, under a disposition made before the date
of the adoption order, is limited in tail or is subject to an entailed
interest), that property shall devolve in all respects as if the adopted
person were the child of the adopter born in lawful wedlock and were not the
child of any other person.

(3) In any disposition of property made, whether by instrument inter vivos or
by will (including codicil) after the date of an adoption order

(a)any reference (whether express or implied) to the child or children of the
adopter shall, unless the contrary intention appears, be construed as, or as
including, a reference to the adopted person;

(b)any reference (whether express or implied) to the child or children of the
adopted person's natural parents or either of them shall, unless the contrary
intention appears, be construed as not being, or as not including, a reference
to the adopted person; and

(c)any reference (whether express or implied) to a person related to the
adopted person in any degree shall, unless the contrary intention appears, be
construed as a reference to the person who would be related to him in that
degree if he were the child of the adopter born in lawful wedlock and were not
the child of any other person.

(4) Where under any disposition any property or any interest in such property
is limited (whether subject to any preceding limitation or charge or not) in
such a way that it would, apart from this section, devolve (as nearly as the
law permits) along with a dignity or title of honour, then, whether or not the
disposition contains an express reference to the dignity or title of honour,
and whether or not the property or some interest in the property may in some
event become severed therefrom, nothing in this section shall operate to sever
the property or any interest therein from the dignity, but the property or
interest shall devolve in all respects as if this section had not been
enacted.

(5) The references in this section to an adoption order include references to

(a)an order authorising an adoption made under the Adoption of Children Act
(Northern Ireland) 1950, or under any enactment repealed by that Act; and

(b)an order authorising an adoption made (whether before or after the
commencement of this Act) anywhere in Great Britain, the Isle of Man or any of
the Channel Islands.

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Northern Irish Legislation

ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 18