South Australian Numbered Acts

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SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 30

30—How requirements to survive with issue are to be construed

        (1)         If a disposition of property to a person under a will uses the words "die without issue", "die without leaving any issue", " have no issue" or any other words that may import—

            (a)         a want or failure of issue of that person either in the person's lifetime or at their death; or

            (b)         an indefinite failure of issue of that person,

the words used are to 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 their issue (unless a contrary intention appears in the will by reason of that person having a prior estate tail or of a preceding gift being without any implication arising from such words of limitation of an estate tail to that person or issue or otherwise).

        (2)         This section does not extend to cases where the words mentioned in subsection (1)

import if no issue described in a preceding gift is born or if there is no issue who lives to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue.



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