Queensland Consolidated Acts
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SUCCESSION ACT 1981 - SECT 33N
Dispositions not to fail because issue have died before testator
33N Dispositions not to fail because issue have died before testator
(1) This section applies if—
(a) a testator makes a disposition of property
to a person, whether as an individual or as a member of a class, who is issue
of the testator (an
"original beneficiary" ); and
(b) under the will, the interest of the
original beneficiary in the property does not come to an end at or before the
original beneficiary’s death; and
(c) the disposition is not a disposition
of property to the testator’s issue, without limitation as to remoteness;
(d) the original beneficiary does not survive the testator for 30 days.
(2) The issue of the original beneficiary who survive the testator for 30 days
take the original beneficiary’s share of the property in place of the
original beneficiary as if the original beneficiary had died intestate leaving
only issue surviving.
(3) Subsection (2) does not apply if—
original beneficiary did not fulfil a condition imposed on the
original beneficiary in the will; or
(b) a contrary intention appears in the
(4) A general requirement or condition that issue survive the testator
or reach a specified age does not show a contrary intention for
subsection (3) (b) .
(5) A disposition of property to issue as joint tenants
does not, of itself, show a contrary intention for subsection (3) (b) .
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