South Australian Current Acts South Australian Current Acts23—Gift not to be avoided by illegal stipulation attached thereto
(1) No gift, whether
by testamentary disposition or by instrument inter vivos , shall be held to be
void solely on the ground that the testator or donor has attached an illegal
stipulation to such gift, whether such stipulation is in the nature of a
limitation of the gift or of a condition precedent or subsequent to the gift,
unless it is proved to the satisfaction of the court before which the matter
is in question that the donee of such gift consented to such stipulation at or
before the time when the testamentary disposition or instrument inter vivos
was executed by the testator or donor.
(2) Unless it is
proved as aforesaid, in construing the testamentary disposition or instrument
inter vivos , the gift shall be read as if the illegal stipulation had not
been attached thereto.