QLDIn ForceAct
Property Law Act 2023
sec.24When gift over stops being capable of taking effect
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### sec.24 When gift over stops being capable of taking effect
This section applies if—
a person (the first person ) is entitled to an interest in property; and
the interest in property is subject to a gift over to another person if the first person has no child, or no child of a stated class, whether at any stated time or within any stated period.
The gift over stops being capable of taking effect when the first person has a child, or a child of the stated class, who attains 18 years.
Subsection (2) applies even if the child dies after attaining 18 years.
For this section, a gift over includes a gift over expressed to take effect on the ending of an interest preceding that of the person whose interest is the subject of the gift over.
In this section—
child , of a person, has the meaning given by the Succession Act 1981 , section 5A .
(sec.24-ssec.1) This section applies if— a person (the first person ) is entitled to an interest in property; and the interest in property is subject to a gift over to another person if the first person has no child, or no child of a stated class, whether at any stated time or within any stated period.
(sec.24-ssec.2) The gift over stops being capable of taking effect when the first person has a child, or a child of the stated class, who attains 18 years.
(sec.24-ssec.3) Subsection (2) applies even if the child dies after attaining 18 years.
(sec.24-ssec.4) For this section, a gift over includes a gift over expressed to take effect on the ending of an interest preceding that of the person whose interest is the subject of the gift over.
(sec.24-ssec.5) In this section— child , of a person, has the meaning given by the Succession Act 1981 , section 5A .
- (a) a person (the first person ) is entitled to an interest in property; and
- (b) the interest in property is subject to a gift over to another person if the first person has no child, or no child of a stated class, whether at any stated time or within any stated period.