TASIn ForceAct
Wills Act 2008
54How requirements to survive with issue are construed
Start here
Get a plain-English read of 54
Turn the raw legal text into a practical explanation grounded in Wills Act 2008.
### 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.