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Wills Act 1968
Part 4Miscellaneous
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Part 4 Miscellaneous
Section 32
page 42 Wills Act 1968
Effective: 23/02/26
R22
23/02/26
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the person does not survive the deceased person by 30 days.
(2) The person is taken to have predeceased the deceased person and the
devise, bequest, appointment, power or entitlement lapses, unless the
contrary intention appears from the will, or from evidence admitted
under section 12B.
(3) However, subsection (2) does not apply if the effect of the subsection
is that the deceased person’s estate would pass to the Territory under
the Administration and Probate Act 1929, section 49CA
(How distribution to the Territory is made).
(4) A general requirement or condition in a will that a beneficiary survive
the testator must not be taken to be an expression of a contrary
intention for this section.
(5) For subsection (1) (a) (ii), person includes a person conceived before,
but born after, the deceased person’s death.