Wills Act 1968

In a devise or bequest of real property or personal property in a will, the words ‘die without issue’, ‘die without leaving issue’ or ‘have no issue’, or any other words that may import either a want or failure of a person’s issue in his or her lifetime or at the time of his or her death or an indefinite failure of a person’s issue shall be construed as referring to a want or failure of issue in the lifetime or at the time of death of that person and not an indefinite failure of the issue of that person, unless a contrary intention appears in the will by reason of that person having a prior estate tail, or by reason of a previous gift being, without any implication arising from any such words, a limitation of any estate tail to that person or issue, or for any other reason.

Subsection (1) does not apply if, in a will, words referred to in that subsection refer to no issue described in a previous gift being born, or no issue living to attain the age or otherwise to answer the description, required for obtaining a vested estate by a previous gift to that issue.