s 35
In forceWhat is the effect of a failure of a disposition?
Part 4Construction of wills
Division 1General rules about the construction of wills
35 What is the effect of a failure of a disposition?
(1)
If any disposition of property is ineffective, the will takes effect as if the property were part of the residuary estate of the testator.
(2)
Subsection (1) does not apply if a contrary intention appears (whether in the will or elsewhere).
(3)
In this section disposition of property does not include the exercise of a power of appointment.
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