Check where a failed gift falls
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will, list the gift that is said to have failed, the words of any residue clause, and any words that look like a contrary intention. Leave blank whether the gift falls into residue. The tool does not construe the will.
- What the lawyer must review
- Section 31 says that if, and to the extent that, a disposition of property under a will is ineffective wholly or in part, the will takes effect as if the property or the undisposed part were part of the residuary estate. The section does not apply if a contrary intention appears in the will. A disposition of property in this section does not include the exercise of a power of appointment. The section does not say when a gift is ineffective. That reason is for the lawyer.
- 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, list the gift that is said to have failed, the words of any residue clause, and any words that look like a contrary intention. Leave blank whether the gift falls into residue. The tool does not construe the will. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The lawyer decides whether the gift is ineffective. The section does not list the reasons.
- Look for a contrary intention in the will before treating the property as residue.
- Do not apply the section to the exercise of a power of appointment.
- A later sale of part of the property is the remaining-interest check, not this one.
Sources
- Succession Act 2006 (NSW) section 31 · 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.