The Construction and Rectification of Wills - Effect of Failure of Disposition

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Queensland: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s33g.html


New South Wales: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s31.html


Northern Territory: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s30.html


Tasmania: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s45.html


Victoria: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s35.html


Draft Wills Bill 1997: If a disposition of property by a will is fully or partly ineffective, the will takes effect as if the property were part of the residuary estate of the testator, unless contrary intention appears. It does not includes power of appointment. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA