View source for Construction and Rectification of Wills - Effect of a devise of real property without words of limitation


'''Queensland:'''
A general disposition of (all/particular/residue/particular residue) of the testator's property includes any property over which the testator has a general power of appointment exercisable by will; and operates as an exercise of the power of appointment unless contrary intention appears.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s33j.html


'''New South Wales:'''
A general disposition of:(a) all or the residue of the testator’s property, or(b) all or the residue of his or her property of a particular description,includes all of the property, or all of the property of the relevant description, over which he or she has a general power of appointment exercisable by will and operates as an exercise of the power.
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s37.html


'''Northern Territory:'''
A general disposition of all or the residue of the testator's property or all or the residue of his or her property of a particular description:(a) is a disposition of all such property over which the testator has a general power of appointment exercisable by will; and (b) operates as an exercise of that power.		
http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s35.html


'''Tasmania:'''
A general disposition in a will of all or the residue of the testator's property, or of all or the residue of his or her property of a particular description, includes all the property of the relevant description over which he or she has a general power of appointment exercisable by will and operates as an exercise of the power.
http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s50.html


'''Victoria:'''
A general disposition of-(a) all or the residue of the testator's property; or (b)  all or the residue of his or her property of a particular description-includes any property over which he or she has a general power of appointment exercisable by will and operates as an exercise of the power.
http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s41.html


'''Western Australia:'''
A general disposition of all the testator’s property or of all the testator’s property of a particular kind includes property over which the testator had a general power of appointment exercisable by will and operates as an execution of the power.
http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s26.html


'''Draft Wills Bill 1997:'''
A general disposition of all or the residue of the testator's property, or of all or the residue of his or her property of a particular description, includes all the property of the relevant description over which he or she has a general power of appointment exercisable by will and operates as an exercise of the power.
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA
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