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SUCCESSION ACT 2006 - SECT 3

Definitions

3 Definitions

(1) In this Act:

"administration" of the estate of a deceased person is defined in section 55.

"administrator" has the same meaning as it has in the Probate and Administration Act 1898 .

"close personal relationship" is defined in subsection (3).

"costs" , in relation to proceedings under this Act, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration.

"Court" means:
(a) the Supreme Court, in relation to any matter (including a matter referred to in paragraph (b)), or
(b) the District Court, in relation to a matter under Chapter 3 for which it has jurisdiction under section 134 of the District Court Act 1973 .

"deceased person" includes any person in respect of whose estate administration has been granted.

"deceased transferee" means a deceased transferee referred to in section 81 or 82.

"disposition" includes the following:
(a) any gift, devise or bequest of property under a will,
(b) the creation by will of a power of appointment affecting property,
(c) the exercise by will of a power of appointment affecting property.

"document" :
(a) except as provided by paragraph (b)-has the same meaning that it is given by section 21 of the Interpretation Act 1987 , and
(b) in Chapter 2 (other than section 8)-means any paper or material on which there is writing.

"domestic relationship" has the same meaning as it has in the Property (Relationships) Act 1984 .

"eligible person" means a person who may make an application for a family provision order under section 57.

"family provision order" means an order made by the Court under Chapter 3 in relation to the estate or notional estate of a deceased person to provide from that estate for the maintenance, education or advancement in life of an eligible person.

"intestate" is defined in section 102.

"legal representative" of an estate is defined in section 55 (2).

"notional estate" of a deceased person means property designated by a notional estate order as notional estate of the deceased person.

"notional estate order" means an order made by the Court under Chapter 3 designating property specified in the order as notional estate of a deceased person.

"personal representative" means the executor or administrator of the estate of a deceased person.

"property" includes any valuable benefit.

"Registrar" means a person who is:
(a) appointed in accordance with section 120 of the Supreme Court Act 1970 , and
(b) nominated by the Principal Registrar of the Court for the purposes of this Act.

"will" includes a codicil and any other testamentary disposition.
Note : The Interpretation Act 1987 contains definitions of some terms and expressions used in this Act. See, for example, the definitions of
"minor" ,
"land" and
"property" in section 21 of that Act.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A reference in this Act to a child or issue of any person includes a child or issue who is born after the person’s death after a period of gestation in the uterus that commenced before the person’s death and survives the person for at least 30 days after birth.
(3) For the purposes of this Act, a
"close personal relationship" is a close personal relationship (other than a marriage or a de facto relationship) between two adult persons, whether or not related by family, who are living together, one or each of whom provides the other with domestic support and personal care.
(4) For the purposes of subsection (3), a close personal relationship is taken not to exist between two persons where one of them provides the other with domestic support and personal care:
(a) for fee and reward, or
(b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).
(5) Notes included in this Act do not form part of this Act.
Note : References in headings to sections of this Act to “WPA” are references to the Wills, Probate and Administration Act 1898 as in force before it was amended by this Act. References in headings to sections of this Act to “FPA” are references to the Family Provision Act 1982 as in force immediately before it was repealed by the Succession Amendment (Family Provision) Act 2008 .



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