Contesting a will – failure of gifts
Until the succession Act 2006 (NSW) a specific or general gift whether a reality or personally which for any reason fails, passes under the residuary clause in a will. It passes on intestacy as undisposed of by the Will. Section 42 of the Succession Act now provides that a lapse share of residue in the absence of a contrary intention is divided proportionately among the remaining shares of the residue.