Section 40 — Succession Act 2006 (NSW)

(cf WPA 25)
(1) 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.
(2) This section does not apply if a contrary intention appears in the will, except where the result would be to cause a failure of the disposition.

Related sections

• s 37 — What a general disposition of property includes
• s 38 — Effect of devise of real property without words of limitation
• s 39 — How dispositions to issue operate
• s 41 — Dispositions not to fail because issue have died before testator
• s 42 — Construction of residuary dispositions
• s 43 — Dispositions to unincorporated associations of persons

Research how courts apply s 40

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.