Queensland Consolidated Acts Queensland Consolidated Acts(1) Where, under a will made after the commencement of this section--
(a) a disposition of property is expressed to be made by the testator to a person who is not named but who is described as child of the testator or of a spouse, parent, child, brother or sister of the testator; and
(b) the child was described in the will as having been adopted by another person; and
(c) the personal representative of the testator is unable to ascertain the name and address of the adopted person;
the personal representative shall give to the public trustee a copy of the will and a statement that the personal representative is unable to ascertain the name and address of the adopted person.
(2) Where the public trustee is given a copy of a will under subsection (1), the public trustee shall, by notice in writing given to the chief executive, request the chief executive to make arrangements for ascertaining, and giving to the public trustee, the name, and address of the adopted person.
(3) Where the chief executive receives a request under subsection (2), the chief executive shall cause such reasonable inquiries to be made of records in the chief executive's possession as will show the name and enable the address or, if the adopted person has died, the date of the death, of the adopted person to be ascertained or, if it appears that the information can not be obtained from inquiries of those records, seek to obtain the information from the registrar general.
(4) If the chief executive ascertains the name of the adopted person, the chief executive shall take such steps as are reasonably practicable to ascertain the address or, if the adopted person has died, the date of death of the adopted person and shall inform the public trustee of that name and address or date.
(5) If the chief executive is unable to ascertain the name of the adopted person, the chief executive shall so inform the public trustee.
(6) After receiving information from the chief executive under this section, the public trustee shall give notice in writing to the personal representative of the testator stating whether or not the name and address of the adopted person has been ascertained or, if the adopted person has died, the date of death of the adopted person.
(7) Unless the adopted person predeceased the testator or, for any other reason known to the personal representative, is not entitled to an interest under the will, the public trustee is hereby declared to be a trustee for the adopted person on the trusts specified in, or arising under, the will and, if the personal representative transfers the property to the public trustee as trustee for the adopted person, the personal representative shall be deemed to have transferred the property to the adopted person.
(8) Where the public trustee--
(a) is, under subsection (7), a trustee for an adopted person who is a beneficiary under a will; and
(b) gives the personal representative of the testator under that will a statement in writing to the effect that the adopted person has disclaimed the property to which the adopted person was entitled under that will;
that statement is, for the purposes of the administration of the estate by the personal representative, conclusive evidence that the adopted person has disclaimed the property.