Section 23 — Wills Act 2007: Disposition to child

23 Disposition to child (1) This section applies when— (a) a will-maker makes a will disposing of property to a child ( child ) of the will-maker; and (b) the disposition is to the child as a named beneficiary or as a member of a class; and (c) the child dies— (i) before or after the will-maker makes the will; and (ii) before the will-maker dies; and (d) the child leaves a child ( grandchild ); and (e) the grandchild is alive when the will-maker dies. (2) The will must be read as disposing of the property— (a) to the grandchild; or (b) among the grandchildren in equal shares, if more than 1 is alive when the will-maker dies. (3) Subsection (2) does not apply to a disposition— (a) that is expressly or impliedly stated to be conditional on the child being alive— (i) at or after the time when the will-maker dies; or (ii) at a time or event that will occur after the will-maker dies; or (b) that is expressly or impliedly stated to be conditional on the fulfilment of any other contingency, if the contingency has not been fulfilled before the will-maker dies; or (c) that is a specific disposition of personal chattels, as defined in the Administration Act 1969 ; or (d) that is to a person as one of 2 or more joint tenants. (4) Subsection (2) does not apply if the will makes it clear that the will-maker intended to dispose of the property other than to the grandchild or grandchildren. Compare: Wills Act 1837 s 33 (UK); 1955 No 94 s 16(1)–(4)