New South Wales Consolidated Acts
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SUCCESSION ACT 2006 - SECT 42
Construction of residuary dispositions
42 Construction of residuary dispositions
(1) A disposition of all, or the residue, of the estate of a testator that
refers only to the real estate of the testator, or only to the personal estate
of the testator, is to be construed to include both the real and personal
estate of the testator.
(2) If a part of a disposition in fractional parts of
all, or the residue, of the testator's estate fails, the part that fails
passes to the part that does not fail, and, if there is more than one part
that does not fail, to all those parts proportionally.
(3) This section does
not apply if a contrary intention appears in the will.
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