South Australian Numbered Acts South Australian Numbered Acts32—Construction of dispositions of real property to trustee or executor
(1) If any real property is disposed of by will to a trustee or executor, that disposition is to be construed to pass the whole estate or interest (whether the fee simple or any other estate or interest) which the testator had power to dispose of by will in that property unless a definite term of years absolute or determinable or an estate of freehold is thereby given to the trustee or executor expressly or by implication.
(2) If any real property is disposed of by will to a trustee without any express limitation of the estate to be taken by the trustee and—
(a) the beneficial interest in the property, or in the surplus rents and profits of the property, is not given to any person for life; or
(b) the beneficial interest in the property, or in the surplus rents and profits of the property, is given to any person for life but the purposes of the trust may continue beyond the life of that person,
that disposition is to be construed to vest in the trustee the whole legal estate (whether the fee simple or any other estate) which the testator had power to dispose of by will in that real property and not an estate determinable when the purposes of the trust are satisfied.