View source for Construction and Rectification of Wills - Effect of requirement to survive with issue

'''Queensland:'''
The disposition must be interpreted to mean that the disposition fails if there is a want or a failure of issue of the person either in the person's lifetime or at the person's death.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s33m.html


'''New South Wales:'''
If a disposition to a person is expressed to fail if there is: (a) a want or 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, the words used are to 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.
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s40.html


'''Northern Territory:'''
If a disposition to a person is expressed to fail if there is: (a) a want or 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, the words used are to 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.
http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s39.html


'''South Australia:'''
In any devise or bequest of real or personal estate the words "die without issue" or " die without leaving issue" or " have no issue" or any other words which may import either a want or failure of issue of any person in his or her lifetime or at the time of his or her death, or an indefinite failure of his or her issue are to be construed to mean a want or failure of issue in the lifetime or at the time of death of that person and not an indefinite failure of his or her issue.
http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s32.html


'''Tasmania:'''
If a disposition to a person is expressed to fail if there is: (a) a want or 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, the words used are to 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.
http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s54.html


'''Victoria:'''
If a disposition to a person is expressed to fail if there is: (a) a want or 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, the words used are to 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.
http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s44.html


'''ACT:'''
In a devise or bequest of real property or personal property in a will, the words ‘die without issue', ‘die without leaving issue' or ‘have no issue', or any other words that may import either a want or failure of a person's issue in his or her lifetime or at the time of his or her death or an indefinite failure of a person's issue shall be construed as referring to a want or failure of issue in the lifetime or at the time of death of that person and not an indefinite failure of the issue of that person.
http://www.austlii.edu.au/au/legis/act/consol_act/wa196891/s28.html


'''Draft Wills Bill 1997:'''
If there is a disposition to a person in a will that 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.
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA
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