Section 38 — Succession Act 2006 (NSW)

Effect of devise of real property without words of limitation

(cf WPA 24 and 26)
(1) A disposition of real property to a person without words of limitation is to be construed as passing the whole estate or interest of the testator in that property to that person.
(2) This section does not apply if a contrary intention appears in the will.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 35 — Beneficiaries must survive testator by 30 days
s 36 — What a general disposition of land includes
s 37 — What a general disposition of property includes
s 39 — How dispositions to issue operate
s 40 — How are requirements to survive with issue construed?
s 41 — Dispositions not to fail because issue have died before testator

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