33M
In forceHow requirements to survive with issue are interpreted
Part 2Wills
Division 5Interpretation of wills
33M How requirements to survive with issue are interpreted
(1)
This section applies if there is a disposition of property to a person that, apart from this section, would be interpreted to mean that the disposition fails if there is an indefinite failure of issue of the person.
(2)
The disposition must be interpreted to mean that the disposition fails if there is a want or a failure of issue of the person either in the person’s lifetime or at the person’s death.
(3)
This section does not apply if a contrary intention appears in the will, other than if the result would be to cause a failure of the disposition.
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