Section 65 — Property Law Act 2007: Meaning of heirs and similar words

65 Meaning of heirs and similar words (1) This section applies— (a) to an instrument coming into operation on or after 1 January 1953; but (b) subject to the terms of the instrument. (2) Subsection (3) applies to an instrument conferring an estate or interest in property on— (a) the heir or heirs of a person; or (b) the next of kin of a person; or (c) the next of kin of a person to be determined in accordance with the Administration Act 1969 ; or (d) the family of a person; or (e) the relatives of a person. (3) The instrument is to be treated as conferring the estate or interest on the persons who, on the intestacy of the person referred to in subsection (2), would take beneficially under the Administration Act 1969 , and in the same shares. (4) Subsection (5) applies to an instrument conferring an estate or interest in property on the heir or heirs of the body of a person. (5) The instrument is to be treated as conferring the estate or interest on the person who would take beneficially on the intestacy of the person referred to in subsection (4) in accordance with a direction under the Administration Act 1969 to hold the person’s property for the issue of the intestate on the statutory trusts. (6) Subsection (7) applies to an instrument conferring an estate or interest in property on— (a) the male heir or heirs of a person or of the body of a person; or (b) the female heir or heirs of a person or of the body of a person. (7) The instrument is to be treated as conferring the estate or interest on the male or female issue of the person (as the case may be) who would take beneficially on the intestacy of the person in accordance with a direction under the Administration Act 1969 to hold the person’s property for the issue of the intestate on the statutory trusts. Compare: 1952 No 51 ss 37 , 38