Check who takes a gift to issue who did not survive
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will and the death certificates, copy the original beneficiary, whether that person is issue of the testator, the survival period printed in the will if any, and the issue of that beneficiary who survived. Leave the substitution blank.
- What the lawyer must review
- The lawyer decides whether section 41 substitutes the beneficiary's issue. The section applies if the disposition is to a person, as an individual or as a member of a class, who is issue of the testator, the interest does not end on or before that person's death, the disposition is not a gift to the testator's issue without limitation as to remoteness, and the original beneficiary does not survive for 30 days or for the period in the will. The issue who themselves survive for that period take the share as if the original beneficiary had died intestate leaving only issue. A contrary intention in the will excludes this. A gift to persons as joint tenants on its own indicates a contrary intention. The opened text has subsections (1), (2), (3) and (5). The shares on that intestacy are the separate intestacy check. The general question whether a beneficiary survived long enough is the separate survivorship check. Only this section was opened.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Apply the section only if the original beneficiary is issue of the testator and the gift is not to issue without limitation as to remoteness.
- Use the survival period in the will if it states one. Otherwise use 30 days.
- Treat a gift to persons as joint tenants as a contrary intention unless the lawyer reads the will otherwise.
- Do not work out the intestacy shares in this note.
Sources
- Succession Act 2006 (NSW) section 41 · 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.