Section 42 — Succession Act 2006 (NSW)

(1) A disposition of all, or the residue, of the estate of a testator that refers only to the real estate of the testator, or only to the personal estate of the testator, is to be construed to include both the real and personal estate of the testator.
(2) If a part of a disposition in fractional parts of all, or the residue, of the testator’s estate fails, the part that fails passes to the part that does not fail, and, if there is more than one part that does not fail, to all those parts proportionally.
(3) This section does not apply if a contrary intention appears in the will.

Related sections

• 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
• s 43 — Dispositions to unincorporated associations of persons
• s 44 — Can a person, by will, delegate the power to dispose of property?
• s 45 — Effect of referring to a valuation in a will

Research how courts apply s 42

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