South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 33

33—Disposition of estates tail do not lapse

        (1)         If—

            (a)         a person to whom any real property disposed of by will for an estate tail or an estate in quasi entail dies during the lifetime of the testator leaving issue who would be heritable under the entail; and

            (b)         any such issue are living at the time of the testator's death,

the disposition does not lapse but takes effect as if the death of that person had happened immediately after the death of the testator.

        (2)         Subsection (1)

does not apply if a contrary intention appears in the will.