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Commentary

303 The property must be ‘closely inherited’

WILLS AND ADMINISTRATION vol 42(1) will precedents

303 The property must be ‘closely inherited’

| Commentary

303 The property must be ‘closely inherited’1

This involves two elements:

  1. 303.1

        what is meant by ‘closely’; and

  2. 303.2

        when is property inherited?

The word ‘closely’ requires the property to pass to the issue of the deceased, ie children, grandchildren, great-grandchildren etc (basically to lineal descendants). The deceased is free to choose which lineal descendants are to receive the property

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