Australian Capital Territory Consolidated Acts

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ADMINISTRATION AND PROBATE ACT 1929 - SECT 44

Interpretation for pt 3A

In this part:

"eligible partner", of an intestate, means someone, other than the spouse or civil partner of the intestate, who—

        (a)     was the intestate's domestic partner when the intestate died; and

        (b)     either—

              (i)     had been the intestate's domestic partner continuously for 2 or more years when the intestate died; or

              (ii)     is the parent of the intestate's child, if the child was under 18 years old when the intestate died.

Note     For the meaning of domestic partner , see Legislation Act, s 169.

"intestate" means a person who dies on or after 1 July 1967 and either does not leave a will or leaves a will but does not dispose effectively, by the will, of the whole or part of his or her real or personal property.

"intestate estate", in relation to an intestate, means—

        (a)     for an intestate who leaves a will—the real and personal property of the intestate that is not effectively disposed of by the will; or

        (b)     in any other case—the real and personal property of the intestate.

"partner"—an intestate's partner is either of the following:

        (a)     the spouse or civil partner of the intestate when the intestate died;

        (b)     the eligible partner of the intestate.

"personal chattels", in relation to an intestate, means—

        (a)     the articles of household or personal use or adornment, plated articles, china, glassware, pictures, prints, linen, jewellery, clothing, books, musical instruments or apparatus, scientific instruments or apparatus, wines, liquors, consumable stores and domestic animals of the intestate; and

        (b)     the motor cars and accessories of the intestate;

but does not include—

        (c)     any chattels of the intestate used exclusively for business purposes; or

        (d)     money and securities for money of the intestate.

"personal representative", in relation to an intestate, means the executor of the will, or the administrator of the estate, of the intestate.



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