Northern Territory Consolidated Acts Northern Territory Consolidated Acts40. Dispositions not to fail because issue have died before testator
(1) Subject to this section, if -
(a) a person makes a disposition to an issue of the person;
(b) the disposition is not a disposition to which section 38 applies;
(c) the interest in property disposed is not determinable at or before the death of the issue; and
(d) the issue does not survive the testator for 30 days,
the disposition is to be held on trust for the issue of the first-mentioned issue who survive the testator for 30 days in the shares they would have taken of the residuary estate of the first-mentioned issue if the first-mentioned issue had died intestate leaving only issue surviving.
(2) Subsection (1) applies to dispositions that are to an issue as an individual or as a member of a class.
(3) Subject to subsections (4) and (5), subsection (1) does not apply if a contrary intention appears in the will.
(4) For the purposes of subsection (3) -
(a) a general requirement or condition that issue survive the testator or attain a specified age does not indicate a contrary intention; and
(b) a gift of a joint tenancy does not alone indicate a contrary intention.
(5) If a condition is imposed on an original beneficiary and the beneficiary fails to survive the testator for 30 days, the issue of the beneficiary may not take under this section unless the original beneficiary fulfilled the condition.