Dispositions not to fail because issue have died before testator
33N Dispositions not to fail because issue have died before testator
This section applies if—
a testator makes a disposition of property to a person, whether as an individual or as a member of a class, who is issue of the testator (an original beneficiary); and
under the will, the interest of the original beneficiary in the property does not come to an end at or before the original beneficiary’s death; and
the disposition is not a disposition of property to the testator’s issue, without limitation as to remoteness; and
the original beneficiary does not survive the testator for 30 days.
The issue of the original beneficiary who survive the testator for 30 days take the original beneficiary’s share of the property in place of the original beneficiary as if the original beneficiary had died intestate leaving only issue surviving.
Subsection (2) does not apply if—
the original beneficiary did not fulfil a condition imposed on the original beneficiary in the will; or
a contrary intention appears in the will.
A general requirement or condition that issue survive the testator or reach a specified age does not show a contrary intention for subsection (3)(b).
A disposition of property to issue as joint tenants does not, of itself, show a contrary intention for subsection (3)(b).
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