---
title: "Check who takes a gift to issue who did not survive"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive"
type: "task"
site: "AI Law Framework"
id: "A17-SF20261022-11"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check who takes a gift to issue who did not survive

> 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.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive  
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 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Line-by-line review**

Review the complete output at the level of each line; check facts, meaning and omissions.

- What the AI does: 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 does: 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.
- 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. 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.
2. Use the survival period in the will if it states one. Otherwise use 30 days.
3. Treat a gift to persons as joint tenants as a contrary intention unless the lawyer reads the will otherwise.
4. Do not work out the intestacy shares in this note.

## 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 41](https://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s41.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive/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.*