Succession Act 1965 section 15

Construction of references to heirs

Section 15 explains how the words "heir" and "heirs" should be interpreted in legislation, deeds and other legal instruments, depending on the context in which they are used and when the document was created.

• Where "heir" or "heirs" is used as a word of limitation (defining the extent of an estate), its meaning is unchanged by the Succession Act 1965, regardless of when the document was created.
• Where "heir" or "heirs" is used as a word of purchase (identifying a person who is to receive property) in documents created before the Act commenced, its meaning is also unchanged.
• Where "heir" or "heirs" is used as a word of purchase in documents created after the Act commenced, it means the person or persons (other than a creditor) who would be entitled to the estate under the intestacy rules in Part VI of the Act.
• In all other cases, references to a person's "heirs" in any document — whether created before or after the Act — are to be read as references to that person's personal representatives.

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