Wills Act 1968
25What a residuary devise includes
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25 What a residuary devise includes If a devise of real property in a will fails by reason of the death of the devisee in the lifetime of the testator or by reason of the devise being contrary to law or otherwise incapable of taking effect, the real property shall, unless a contrary intention appears in the will, be taken to be included in the residuary devise (if any) contained in the will.
Miscellaneous Part 4 Section 26 R22 23/02/26 Wills Act 1968 Effective: 23/02/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au