Section 35 — Conveyancing Act 1919 (NSW)

Presumption of survivorship

In all cases where two or more persons have died under circumstances rendering it uncertain which of them survived, the deaths shall for all purposes affecting the title to any property be presumed to have taken place in order of seniority, and the younger be deemed to have survived the elder.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 32 — Vesting in executor or administrator de bonis non
s 33 — Meaning of heir, next of kin, or statutory next of kin of any person
s 34 — Meaning of heir (male or female) or heirs (male or female) of the body of any person
s 36A — Power to direct division of chattels
s 36B — Contingent and future interests to carry the intermediate income
s 36C — Persons taking who are not parties

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