New South Wales Consolidated Acts New South Wales Consolidated Acts(cf AC Act s 36)
(1) Subject to section 97 (1), section 95 has effect in relation to a disposition of property, whether by will or otherwise, and whether made before or after the commencement of this section, and to a devolution of property in relation to which a person dies intestate after 7 February 1967. However, those provisions do not affect a disposition of property--(a) by a person who, or by persons any of whom, died before 7 February 1967, and(b) that has taken effect in possession before that date.
(2) If--(a) before 7 February 1967, a person made, by an instrument other than a will, a disposition of property (a
"disposition instrument" ), and(b) the disposition had not taken effect in possession before that date, and(c) it did not appear from the disposition instrument that it was the intention of that person to include adopted children as objects of the disposition,that person may, even though the disposition instrument could not, apart from this subsection, be revoked or varied, by another instrument other than a will, vary the disposition instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the disposition instrument.
(3) In relation to a disposition of property by a person who, or by persons any of whom, died before 7 February 1967, and in relation to a devolution of property in relation to which a person died intestate before that date, an adoption order made under this Act has the same effect as if the former Acts had continued in force and the adoption order had been made under those Acts.Note :
"Former Act" is defined in the Dictionary.
(4) Nothing in section 95 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of this section) distinguishing between adopted children and children other than adopted children.