NSWIn ForceAct
Succession Act 2006
40How are requirements to survive with issue construed?
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Succession Act 2006.
#### 40 How are requirements to survive with issue construed?
40 How are requirements to survive with issue construed?
(cf WPA 25)
> > (1) If a disposition to a person is expressed to fail if there is—
> >
> > > (a) a want or failure of issue of that person either in his or her lifetime or at his or her death, or
> >
> > > (b) an indefinite failure of issue of that person,
> >
> > the words used are to be construed to mean a want or failure of issue in the person’s lifetime or at the person’s death and not an indefinite failure of his or her issue.
>
> > (2) This section does not apply if a contrary intention appears in the will, except where the result would be to cause a failure of the disposition.