Statutory substitutional gift
27 Statutory substitutional gift
Unless the contrary intention appears by the will, where —
there is a disposition in a will to a person who is a child or other issue of the testator, for an estate or interest not determinable at or before the death of that person; and
that person dies in the lifetime of the testator leaving a child or children who survive the testator,
the disposition does not lapse but takes effect as a substitutional disposition to such of the children of that person as survive the testator and if more than one in equal shares.
This section applies whether the disposition referred to in subsection (1) is to a person as a named or designated person or as a member of a class.
This section does not apply to a disposition to a person as one of 2 or more joint tenants.
[Section 27 amended: No. 27 of 2007 s. 20.]
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