Dispositions not to fail because issue have died before the testator
45 Dispositions not to fail because issue have died before the testator
If a person makes a disposition to any of his or her issue, where—
the disposition is not a disposition to which section 43 applies; and
one or more of the issue do not survive the testator for thirty days; and
the interest in the property is not determinable at or before the death of the issue—
the issue of the deceased issue who survive the testator for 30 days take the deceased issue's share of the disposition in place of the deceased issue in the same manner as if the testator had died intestate and as if the testator had died leaving only issue surviving.
Subsection (1) applies to dispositions to issue either as individuals or as members of a class.
Subsection (1) does not apply if a contrary intention appears in the will, but a general requirement or condition that a beneficiary survive the testator or attain a specified age does not indicate a contrary intention for the purposes of this section.
If an original beneficiary under a will—
is issue of the testator; and
did not survive the testator by 30 days; and
S. 45(4)(c) amended by No. 43/1998 s. 55.
did not fulfil a contingency required by the will—
subsection (1) does not operate to entitle issue of that beneficiary to a disposition under the will.
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