Victorian Current Acts

WILLS ACT 1997 - SECT 44

    (1)     If there is a disposition to a person in a will which 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)     Subsection (1) does not apply if a contrary intention appears in the will.

    (3)     For the purposes of avoiding doubt, subsection (2) does not affect the operation of the rule against perpetuities.