---
title: "Check where a failed gift falls"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls"
type: "task"
site: "AI Law Framework"
id: "A17-SF20261022-14"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check where a failed gift falls

> 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.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. The lawyer decides whether the gift is ineffective. The section does not list the reasons.
2. Look for a contrary intention in the will before treating the property as residue.
3. Do not apply the section to the exercise of a power of appointment.
4. A later sale of part of the property is the remaining-interest check, not this one.

## Notes

- 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.

## Sources

- [Succession Act 2006 (NSW) section 31](https://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s31.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*