Acts and Regulations

W-9 - Wills Act

Full text
Devise of estate tail or entail estate
31Except where a contrary intention appears by the will, where a person to whom real property is devised for what would have been, under the law of England, an estate tail or in quasi entail
(a) dies
(i) in the lifetime of the testator,
(ii) at the same time as the testator, or
(iii) in circumstances rendering it uncertain whether that person or the testator survived the other, and
(b) leaves issue who would inherit under the entail if that estate existed,
if any such issue are living at the time of the death of the testator, the devise does not lapse but takes effect as if the death of that person had happened immediately after the death of the testator.
1959, c.15, s.31