New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 33

33 Meaning of heir, next of kin, or statutory next of kin of any person

(1) Where, under the terms of any will coming into operation, or of any instrument (other than a will) made, after the commencement of section 3 of the Conveyancing (Amendment) Act 1977 , any property would, but for this section, vest in--

(a) the heirs of a person,

(b) the next of kin of a person, or

(c) the next of kin of a person to be determined in accordance with the Probate and Administration Act 1898 ,

the provisions of the applicable intestacy rules shall, subject to subsection (2), apply in respect of that property in the same way as those provisions would apply if that person had died intestate as to that property.

(2) Subsection (1) applies only if and so far as a contrary or another intention is not expressed in the will or other instrument and shall have effect subject to the provisions of the will or other instrument.

(3) Where, under the terms of any will coming into operation, or of any instrument (other than a will) made, before the commencement of section 3 of the Conveyancing (Amendment) Act 1977 , any property would, but for this subsection, vest in--

(a) the heirs of a person,

(b) the next of kin of a person, or

(c) the next of kin of a person to be determined in accordance with the Probate and Administration Act 1898 ,

that property shall vest in the persons in whom it would have vested if that section had not commenced.

(4) In subsection (1)--

"applicable intestacy rules" means--

(a) for a will coming into operation, or an instrument made, before the repeal of Division 2A of Part 2 of the Probate and Administration Act 1898 --that Division as in force immediately before its repeal, and

(b) for a will coming into operation, or an instrument made, after the repeal of that Division--Chapter 4 (Intestacy) of the Succession Act 2006 .