WILLS ACT 1997 - SECT 39 Beneficiaries must survive testator by 30 days

WILLS ACT 1997 - SECT 39

    (1)     If a disposition is made to a person who dies within 30 days after the death of the testator, the will is to take effect as if the person had died before the testator.

    (2)     Subsection (1) does not apply if a contrary intention appears in the will.

    (3)     A general requirement or condition that a beneficiary survive the testator is not a contrary intention for the purpose of this section.

S. 39(4) amended by No. 80/2014 s. 50.

    (4)     If the personal representative makes a distribution under the will to a person who is—

        (a)     the spouse of the testator at the date of the testator's death; or

S. 39(4)(b) amended by No. 27/2001 s. 3(Sch. 1 item 14.4).

        (b)     the domestic partner or a child of the testator—

within 30 days after the death of the testator, the personal representative is not liable if the distribution is made—

        (c)     in good faith; and

        (d)     for the purpose of providing for the maintenance, support or education of the person to whom it is made—

whether or not an application for a family provision order has been made under Part IV of the Administration and Probate Act 1958 or under section 31 of this Act.

    (5)     Any distribution made to a person under subsection (4) must be deducted from the share of the estate to which the person is entitled under the will, or, if the person does not survive the testator by 30 days, must be treated as an administration expense.

Division 2—Construction of particular provisions in wills