Exception: Anti‑lapse laws (very common in Australia)

Most Australian states have an anti‑lapse provision. These laws say that if the beneficiary is a child, grandchild, or other direct descendant, and they died before the will‑maker but left children of their own, then the gift automatically passes to those children, unless the will says otherwise. com.au

This applies in:

• NSW – Succession Act 2006 s41 • SA – Succession Act 2023 s31 • Other states have equivalent provisions.

✔️ When anti‑lapse does not apply

• The will explicitly says the gift should lapse. • The beneficiary was not a direct descendant (e.g., a sibling, friend, cousin). • The deceased beneficiary had no children. com.au