Northern Territory Consolidated Acts

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WILLS ACT - SECT 41

Construction of dispositions

41. Construction of dispositions

(1) A disposition of the whole of the estate of a testator or the residue of the estate of a testator that refers to only the real estate of the testator or only the personal estate of the testator is to be construed as including a disposition of both the real and personal estate of the testator.

(2) If a part of a disposition in fractional parts of the whole or the residue of the estate of a testator fails, that part passes to the part that does not fail and, if there is more than one part that does not fail, to all those parts proportionately.

(3) This section does not apply if a contrary intention appears in the will.



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