Succession Act 1965 section 91

Residuary devise or bequest to include estate comprised in lapsed and void gifts

Section 91 provides that where a specific gift in a will fails or is void, the property concerned falls into the residuary gift in the will, unless the will indicates otherwise.

• Where a gift in a will fails — for example, because the intended recipient died before the testator — the property does not pass outside the will automatically.
• A gift that is void because it is contrary to law or otherwise incapable of taking effect is treated in the same way as a lapsed gift.
• Instead, the failed or void gift is absorbed into the residuary gift (the "catch-all" clause) contained in the will, whether it relates to real property (a devise) or personal property (a bequest).
• This default rule applies only where the will does not express a contrary intention — if the testator has directed what should happen in such circumstances, that direction takes precedence.