35
In forceBeneficiaries must survive testator by 30 days
Chapter 2Wills
Part 2.3Construction of wills
Division 1General rules about construction of wills
35 Beneficiaries must survive testator by 30 days
(1)
If a disposition of property is made to a person who dies within 30 days after the testator’s death, or, if that or another period for survival appears in the will, within the period appearing in the will, the will is to take effect as if the person had died immediately before the testator.
(2)
This section does not apply if a contrary intention appears in the will.
(3)
A general requirement or condition that a beneficiary survive the testator does not indicate a contrary intention for the purposes of this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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