Wills and Succession Act s. 33

Part 3 — as if the testator had died intestate. (2) For greater certainty, an individual who is both a descendant of the deceased beneficiary and the adult interdependent partner of the deceased beneficiary may receive a share under subsection (1)(b) as

(1) If a beneficial disposition in a will cannot take effect by
reason of the disposition to the intended beneficiary being void,
contrary to law or disclaimed, or for any other reason, then unless
the Court, in interpreting the will, finds that the testator had a
contrary intention, the property that is the subject of the disposition
must be distributed

(a) to the alternate beneficiary, if any, of the disposition,
regardless of whether the will provides for the alternate
beneficiary to take in the specific circumstances,
(b) if clause (a) does not appl y and the intended beneficiary was
a descendant of the testator, to the intended beneficiary's
descendants who survive the testator, in the same manner as
if the intended beneficiary had died intestate without leaving
a surviving spouse or adult interdependent partner,
(c) if neither clause (a) nor cla use (b) applies, to the surviving
residuary beneficiaries of the testator, if any, named in the
will, in proportion to their interests, or
(d) if none of clauses (a), (b) or (c) applies, in accordance with

RTA Residential Tenancies Act

33 Where gift is void or contrary to law