Australian Capital Territory Current Acts

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Beneficiary not surviving testator

    (1)     Subject to section 31, if—

        (a)     a testator by will devises or bequeaths property to, appoints property in favour of, or gives the power to appoint property to, any person; and

        (b)     that person does not survive the testator by 30 days;

then unless the contrary intention appears from the will, or from evidence admitted under section 12B, that person shall be deemed to have predeceased the testator and the devise, bequest, appointment or power shall lapse.

    (2)     A general requirement or condition in a will that a beneficiary survive the testator shall not be taken to be an expression of a contrary intention for this section.

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