Section 33(1) of the Succession Act 1981 (Qld) cannot operate where a codicil is executed after the death of a beneficiary, with knowledge of that death, and the new residuary clause, properly construed, makes no beneficial disposition in favour of the deceased beneficiary. The anti-lapse provision requires as a precondition that there be a beneficial disposition to the deceased issue. The court left open whether the words 'such of my sons as shall survive me' constitute a contrary intention under s.33(1) or merely a general requirement of survival under s.33(2).
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