Div 3Construction of wills

Division 3—Construction of wills 23—When will takes effect (1) A will takes effect with respect to the property disposed of by the will as if it had been executed immediately before the testator's death. 24—Interests in property will disposes of If a testator has made a will disposing of property but, after the making of the will and before the testator's death, the testator disposes of an interest in that property, the will operates to dispose of any remaining interest of the testator in that property. 25—When a disposition is not to be rendered inoperative No conveyance or other act made or done after the execution of a will of or relating to any real or personal property comprised in the will (except an act by which the will is revoked) prevents the operation of the will with respect to such property or interest in that property as the testator had power to dispose of by will at the time of their death. 26—General disposition of land includes leaseholds (1) A disposition of land of the testator or of land of the testator in any place or in the occupation of any person mentioned in the testator's will or otherwise described in a general manner, and any other general disposition which would describe a leasehold estate if the testator had no freehold estate which could be described by it, is to be construed to include the leasehold estates of the testator or any of the testator's leasehold estates to which such description extends (as the case may be), as well as freehold estates. 27—What general disposition of property subject to power of appointment includes (1) A general disposition of real property of the testator in any place or in the occupation of any person mentioned in the testator's will or otherwise described in a general manner in the will— (a) is to be construed to include any real property or any real property to which the description extends (as the case may be) which the testator has power to appoint in any manner the testator may think proper; and (b) operates as an execution of that power, unless a contrary intention appears in the will. (2) A disposition of personal property of the testator or any disposition of personal property described in a general manner in the will— (a) is to be construed to include any personal property or any personal property to which the description extends (as the case may be) which the testator has power to appoint in any manner the testator may think proper; and (b) operates as an execution of that power, unless a contrary intention appears in the will. 28—Effect of disposition of real property without words of limitation (1) A disposition of real property by will to a person without words of limitation is to be construed as passing the whole estate or interest of the testator in that property to that person. 29—What a residuary disposition includes (a) any real property or interest in real property is included or intended to be included in a disposition in a will; and (b) the disposition fails or is void because— (i) the person to whom the disposition is made or intended to be made dies during the lifetime of the testator; or (ii) disposition is contrary to law or otherwise incapable of taking effect, that property or interest in the property will be included in the residuary disposition (if any) contained in the will. 30—How requirements to survive with issue are to be construed (1) If a disposition of property to a person under a will uses the words "die without issue", "die without leaving any issue", "have no issue" or any other words that may import— (a) a want or failure of issue of that person either in the person's lifetime or at their 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 their issue (unless a contrary intention appears in the will by reason of that person having a prior estate tail or of a preceding gift being without any implication arising from such words of limitation of an estate tail to that person or issue or otherwise). (2) This section does not extend to cases where the words mentioned in subsection (1) import if no issue described in a preceding gift is born or if there is no issue who lives to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue. 31—Disposition to children or other issue who leave issue living at testator's death does not lapse (1) If a person who is a child or other issue of the testator to whom any property disposed of by will is not determinable at or before the death of that person— (a) dies during the lifetime of the testator leaving issue; and (b) any such issue of that person is living at the time of the testator's death, that disposition has effect as if the testator had died intestate leaving only issue of that person surviving. (3) A general requirement or condition that issue survive the testator or reach a specified age does not show a contrary intention for the purposes of subsection (2). 32—Construction of dispositions of real property to trustee or executor (1) If any real property is disposed of by will to a trustee or executor, that disposition is to be construed to pass the whole estate or interest (whether the fee simple or any other estate or interest) which the testator had power to dispose of by will in that property unless a definite term of years absolute or determinable or an estate of freehold is thereby given to the trustee or executor expressly or by implication. (2) If any real property is disposed of by will to a trustee without any express limitation of the estate to be taken by the trustee and— (a) the beneficial interest in the property, or in the surplus rents and profits of the property, is not given to any person for life; or (b) the beneficial interest in the property, or in the surplus rents and profits of the property, is given to any person for life but the purposes of the trust may continue beyond the life of that person, that disposition is to be construed to vest in the trustee the whole legal estate (whether the fee simple or any other estate) which the testator had power to dispose of by will in that real property and not an estate determinable when the purposes of the trust are satisfied. 33—Disposition of estates tail do not lapse (a) a person to whom any real property disposed of by will for an estate tail or an estate in quasi entail dies during the lifetime of the testator leaving issue who would be heritable under the entail; and (b) any such issue are living at the time of the testator's death, the disposition does not lapse but takes effect as if the death of that person had happened immediately after the death of the testator. 34—Effect of referring to valuation in will If a will refers expressly or by implication to a valuation to be made for the purposes of the will, that reference is to be construed as if it were a reference to a valuation made by a competent valuer.