Western Australian Current Acts Western Australian Current Acts (1) Unless the
contrary intention appears by the will, where —
(a)
there is a disposition in a will to a person who is a child or other issue of
the testator, for an estate or interest not determinable at or before the
death of that person; and
(b) that
person dies in the lifetime of the testator leaving a child or children who
survive the testator,
the disposition does
not lapse but takes effect as a substitutional disposition to such of the
children of that person as survive the testator and if more than one in equal
shares.
(2) This section
applies whether the disposition referred to in subsection (1) is to a person
as a named or designated person or as a member of a class.
(3) This section does
not apply to a disposition to a person as one of 2 or more joint tenants.
[Section 27 amended: No. 27 of 2007 s. 20.]