Queensland Consolidated Acts Queensland Consolidated Acts(1) The provisions of section 28(1) have effect in relation to dispositions of property whether by will or otherwise, and whether made before or after the commencement of this Act, and to devolutions of property in respect of which a person dies intestate after the commencement of this Act, except that--
(a) those provisions do not affect a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act; and
(b) those provisions do not affect a disposition of property that has taken effect in possession before the commencement of this Act.
(2) The provisions of section 28(1) do not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act.
(3) Where--
(a) before the commencement of this Act, a person made, by an instrument other than a will, a disposition of property; and
(b) the disposition had not taken effect in possession before the commencement of this Act; and
(c) it did not appear from the instrument that it was the intention of that person to include adopted children as objects of the disposition;
that person may, notwithstanding that the instrument could not, apart from this subsection, be revoked or varied, by a like instrument vary the first mentioned instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument.
(4) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act, and to a devolution of property arising upon the death of a person who in respect of that property died intestate before such commencement, an adoption order made under this Act has effect as if the repealed Acts had not been repealed and the adoption order had been made under the repealed Acts.
(5) Nothing in section 28 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 Act) distinguishing between adopted children and children other than adopted children.