Section 33 — Conveyancing Act 1919 (NSW)

(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.

Related sections

• s 29C — Restrictions on operation of conditions of forfeiture
• s 30 — Notice of severance of joint tenancy
• s 32 — Vesting in executor or administrator de bonis non
• s 34 — Meaning of heir (male or female) or heirs (male or female) of the body of any person
• s 35 — Presumption of survivorship
• s 36A — Power to direct division of chattels

Research how courts apply s 33

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.