Conveyancing Act 1919 No 6
Current version for 1 December 2019 to date (accessed 6 August 2020 at 03:23)
Part 2 Division 4
Division 4 Property generally
24   Person may assure property to himself or herself, or to himself or herself and others
A person may assure property to himself or herself, or to himself or herself and others.
25   Power for corporations to hold property as joint tenants
(1)  A body corporate shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual, and where a body corporate and an individual or two or more bodies corporate become entitled to any property under circumstances or by virtue of any instrument which would, if the body corporate had been an individual, have created a joint tenancy they shall be entitled to the property as joint tenants—
Provided that the acquisition and holding of property by a body corporate in joint tenancy shall be subject to the like conditions and restrictions as attach to the acquisition and holding of property by a body corporate in severalty.
(2)  Where a body corporate is a joint tenant of any property, then on its dissolution the property shall devolve on the other joint tenant.
26   Construction of conveyance etc of any property beneficially to two or more persons together
(1)  In the construction of any instrument coming into operation after the commencement of this Act a disposition of the beneficial interest in any property whether with or without the legal estate to or for two or more persons together beneficially shall be deemed to be made to or for them as tenants in common, and not as joint tenants.
(2)  This section does not apply to persons who by the terms or by the tenor of the instrument are executors, administrators, trustees, or mortgagees, nor in any case where the instrument expressly provides that persons are to take as joint tenants or tenant by entireties.
27   Tenants in common of equitable estate acquiring the legal estate
Where two or more persons entitled beneficially as tenants in common to an equitable estate in any property are or become entitled in their own right whether as joint tenants or tenants in common to the legal estate in such property equal to and co-extensive with such equitable estate both the legal and equitable estates shall be held by them as tenants in common unless such persons otherwise agree.
28   Release and disclaimer of powers
(1)  A person to whom is given any power (other than a power coupled with a duty), whether coupled with an interest or not, may by deed release or contract not to exercise the power.
(2)  Any such person as aforesaid may by deed disclaim any such power, and after such disclaimer shall not be capable of exercising or joining in the exercise of the power.
(3)  On such disclaimer the power may be exercised by the other or others, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power.
(4)  This section applies to powers created by instruments coming into operation either before or after the commencement of this Act.
(5)  Where any such power is exercisable by a dealing to be registered under the Real Property Act 1900, the power may be released or disclaimed by a dealing in the form approved under that Act and such a dealing may be registered under that Act.
29   Appointments to be valid notwithstanding one or more objects excluded
(1)  No appointment in exercise of any power to appoint any property amongst several objects shall be invalid on the ground that any object of the power has been altogether excluded, but every such appointment shall be valid and effectual notwithstanding that any one or more of the objects do not by such appointment or in default of appointment take a share or shares of the property.
(2)  Nothing in this section shall prejudice or affect any provision in any instrument creating any power which declares the amount of the share or shares from which no object of the power shall be excluded, or some one or more object or objects shall not be excluded.
(3)  This section applies to appointments made after the commencement of this Act in exercise of powers created before or after the commencement of this Act.
29A   Protection of purchasers claiming under certain void appointments
(1)  An instrument purporting to exercise a legal or equitable power of appointment over property, which, in default of and subject to any appointment, is limited to or held in trust for a class or number of persons including the appointee, shall not be void on the ground of fraud on the power as against a purchaser in good faith—
Provided that, if the interest appointed exceeds in amount or value the interest in such property to which immediately before the execution of the instrument the appointee was presumptively entitled under the trust in default of appointment, having regard to any advances made in the appointee’s favour and to any hotchpot provision, the protection afforded by this section to a purchaser shall not extend to such excess.
(2)  In this section a purchaser in good faith means a person dealing with an appointee for valuable consideration and without notice of the fraud, or of any circumstances from which, if reasonable inquiries had been made, the fraud might have been discovered.
(3)  A successor in title to a purchaser entitled to the benefit of this section shall be entitled to the like benefit.
(4)  This section applies only to dealings effected after the commencement of the Conveyancing (Amendment) Act 1930, but applies to powers created or arising either before or after such commencement.
(5)  This section as amended by the Minors (Property and Contracts) Act 1970 applies only to dealings effected after the commencement of that Act, but applies to powers created or arising either before or after such commencement.
29B   Restrictions on executory limitations
(1)  Where there is a person entitled to—
(a)  land for an estate in fee simple or for any less estate or interest, or
(b)  any other property,
with an executory limitation over on default or failure of all or any of the person’s issue, whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of eighteen years of the class on default or failure whereof the limitation over was to take effect.
(2)  This section applies where the executory limitation is contained in an instrument coming into operation after the first day of July one thousand nine hundred and twenty save that, as regards instruments coming into operation before the commencement of the Conveyancing (Amendment) Act 1930 it only applies to limitations of land for an estate in fee, or for a term of years absolute or determinable on life, or for a term of life.
(3)  This section as amended by the Minors (Property and Contracts) Act 1970 applies where the executory limitation is contained in an instrument coming into operation after the commencement of that Act.
29C   Restrictions on operation of conditions of forfeiture
(1)  Where there is a person entitled to income (including an annuity or other periodical income) or any other property, subject to a condition of forfeiture on alienation, whether voluntary or involuntary, and whether with or without words of futurity, then—
(a)  unless the instrument containing the condition expressly provides to the contrary, no alienation, whether by way of charge or otherwise, of the income or other property, made or occurring before the person becomes entitled to receive payment of the income, or to call for a conveyance or delivery of the other property, shall operate to create forfeiture under the condition unless the alienation is in operation at the time the person becomes so entitled,
(b)  notwithstanding any stipulation to the contrary in the instrument containing the condition no voluntary alienation made by the person, with the sanction of the court, shall operate to create forfeiture under the condition.
(2)  This section applies where the condition of forfeiture is contained in an instrument executed, made, or coming into operation before or after the commencement of the Conveyancing (Amendment) Act 1930, but only in cases where such person becomes entitled to receive payment of the income, or to call for an assurance or delivery of the other property, or, where the alienation with the sanction of the court is made after such commencement.
30   Notice of severance of joint tenancy
(1)  A person who unilaterally severs, or causes the severance of, a joint tenancy in land to which the Real Property Act 1900 does not apply must give notice of the severance to all joint tenants in the joint tenancy as soon as practicable after the joint tenancy has been severed.
(2)  The notice is to be given in a form approved by the Registrar-General.
(3)  Failure to give notice as required by and in accordance with this section does not invalidate or otherwise affect the severance of the joint tenancy.
31, 31A   (Repealed)
32   Vesting in executor or administrator de bonis non
(1)  Where, upon the death of an executor or administrator, administration of the estate remaining unadministered is granted, such estate shall, upon the grant, vest as from the death of such executor or administrator, in the person to whom the grant is made.
(2)  Where in the case of a person dying on or after the fifteenth day of December, one thousand eight hundred and ninety (being the day of the passing of the Probate Act of 1890), administration of the estate remaining unadministered has been granted prior to the commencement of this Act, a conveyance by the person to whom the grant was made shall be deemed to be and to have been effectual to pass any legal estate in the property conveyed which was vested in the deceased executor or administrator at the time of his or her death.
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.
34   Meaning of heir (male or female) or heirs (male or female) of the body of any person
(1)  Where under the terms of any instrument coming into operation after the commencement of this Act any property vests in—
(a)  the heir or heirs of the body of any person, or
(b)  the heir or heirs male, or the heir or heirs male of the body of any person, or
(c)  the heir or heirs female, or the heir or heirs female of the body of any person,
the property shall vest as follows—
In case (a) in the issue of such person as tenants in common per stirpes,
in case (b) in the sons and issue of sons of such person as tenants in common per stirpes, and
in case (c) in the daughters and the issue of daughters of such person as tenants in common per stirpes.
(2)  This section applies only if and as far as a contrary or other intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument and to the provisions therein contained.
35   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.
36   (Repealed)
36A   Power to direct division of chattels
Where any chattels belong to persons jointly or in undivided shares, the persons interested to the extent of a moiety or upwards may apply to the court for an order for division of the chattels or any of them, according to a valuation or otherwise, and the court may make such order and give any consequential directions as it thinks fit.
36B   Contingent and future interests to carry the intermediate income
Where under an instrument other than a will coming into operation after the commencement of the Conveyancing (Amendment) Act 1930 property stands limited to a person for a contingent or future interest, or stands limited to trustees upon trust for a person whose interest is contingent or executory, such interest shall, subject to the statutory provisions relating to accumulations, carry the intermediate income of that property from the time when the instrument comes into operation, except so far as such income or any part thereof may be otherwise expressly disposed of.
36C   Persons taking who are not parties
(1)  A person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry, covenant, or agreement over or respecting land or other property, although the person may not be named as a party to the assurance or other instrument.
(2)  Such person may sue, and shall be entitled to all rights and remedies in respect thereof as if he or she had been named as a party to the assurance or other instrument.
36D   Provisions as to supplemental instruments
Any instrument (whether executed before or after the commencement of the Conveyancing (Amendment) Act 1930) expressed to be supplemental to a previous instrument, shall, as far as may be, be read and have effect as if the supplemental instrument contained a full recital of the previous instrument, but this section shall not operate to give any right to an abstract or production of any such previous instrument, and a purchaser may accept the same evidence that the previous instrument does not affect the title as if it had merely been mentioned in the supplemental instrument.
37   (Repealed)