Check what remains of a gift the will-maker later dealt with
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will clause and the later transfer or sale, list the property the clause gives and the interest the file shows was disposed of after the will and before the death. Leave blank what interest remains. The tool does not say the gift has failed.
- What the lawyer must review
- Section 29 of the Succession Act 2006 (NSW) says that if a testator has made a will disposing of property, and after the will and before death the testator disposes of an interest in that property, the will operates to dispose of any remaining interest the testator has in the property. The section does not say the gift fails, and it does not state a contrary-intention exception. The section on failure of a disposition is a separate task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the will clause and the later transfer or sale, list the property the clause gives and the interest the file shows was disposed of after the will and before the death. Leave blank what interest remains. The tool does not say the gift has failed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Date the later dealing. It must be after the will and before the death.
- Record the interest that was disposed of, and leave the remaining interest for the lawyer.
- Do not treat a later dealing as a revocation of the will. Revocation is a separate check.
- Do not move the gift into residue on this note. Failure of a disposition is a separate check.
Sources
- Succession Act 2006 (NSW) section 29 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.