Devise or bequest referring to want or failure of issue
27(1)Subject to subsection (2), in a devise or bequest of real or personal property
(a)
the words
(i)
“die without issue”,
(ii)
“die without leaving issue”, or
(iii)
“have no issue”, or
(b)
other words importing either a want or failure of issue of a person in his lifetime or at the time of his death or an indefinite failure of his issue,
mean a want or failure of issue in the lifetime or at the time of death of that person, and do not mean an indefinite failure of his issue unless a contrary intention appears by the will.
27(2)This Act does not extend to cases where the words defined in subsection (1) import
(a)
if no issue described in a preceding gift be born, or
(b)
if there be no issue who live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to that issue.