S33 Wills Act - stepchildren

Trusts Discussion
1

If the deceased left a gift in their will to their step-son and the step-son predeceased them, would S33 Wills Act step in to save the gift or would it form part of the residuary estate?

I may be incorrect but I cannot see any evidence that S33 would apply to a gift left to a step-child?

Any help appreciated.

Charlotte Otton
Thompson & Cooke

2

S33(1) refers to devises and bequests to “child” or “remoter descendant” of the testator. Neither include “step-children”.

[See Reading v Reading [2015] where step-child was included in a reference to “issue”].

Malcolm Finney