54How requirements to survive with issue are construed

54 How requirements to survive with issue are construed

(1)  If there is a disposition to a person in a will that is expressed to fail if there is either –

(a) a want or a 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 –

those words must 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.