New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 40

How are requirements to survive with issue construed?

40 How are requirements to survive with issue construed?

(cf WPA 25)

(1) If a disposition to a person is expressed to fail if there is:
(a) a want or failure of issue of that person either in his or her lifetime or at his or her death, or
(b) an indefinite failure of issue of that person,
the words used are to be construed to mean a want or failure of issue in the person's lifetime or at the person's death and not an indefinite failure of his or her issue.
(2) This section does not apply if a contrary intention appears in the will, except where the result would be to cause a failure of the disposition.



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