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CONVEYANCING ACT 1919 - SECT 33
Meaning of heir, next of kin, or statutory next of kin of any person
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 .
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