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FAMILY PROVISION ACT 1982 - SECT 6 Definitions

This legislation has been repealed.

FAMILY PROVISION ACT 1982 - SECT 6

Definitions

6 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

"administration", in respect of a deceased person, means:
(a) probate of the will of the deceased person granted in New South Wales or granted outside New South Wales but sealed in pursuance of section 107 (1) of the Probate and Administration Act 1898 , or
(b) letters of administration of the estate of the deceased person or in respect of the deceased person granted in New South Wales or granted outside New South Wales but so sealed, whether the letters of administration were granted with or without a will annexed and whether for general, special or limited purposes,
and includes an order under section 18 (2) or 23 (1) of the Public Trustee Act 1913 in respect of the estate of the deceased person and an election by the Public Trustee under section 18A of that Act in respect of the estate of the deceased person.

"administrator", in relation to the estate of a deceased person, means:
(a) a person to whom administration (not being an order under section 18 (2) or 23 (1), or an election under section 18A, of the Public Trustee Act 1913 ) has been granted in respect of that estate or any part of that estate,
(b) where an order under section 18 (2) or 23 (1), or an election under section 18A, of the Public Trustee Act 1913 has been made or filed in respect of that estate or any part of that estate, the Public Trustee,
(c) a person who holds that estate or any part of that estate upon a trust which arises out of the will or on the intestacy of the deceased person, or
(d) a person who is otherwise entitled or required to administer that estate or any part of that estate.
"appointed day" means the day appointed and notified under section 2 (2).

"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 for which it has jurisdiction under section 134 of the District Court Act 1973 .
"deceased person" includes any person in respect of whom administration has been granted.

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

"eligible person", in relation to a deceased person, means:
(a) a person:
(i) who was the wife or husband of the deceased person at the time of the deceased person's death, or
(ii) with whom the deceased person was living in a domestic relationship at the time of the deceased person's death, or
(b) a child of the deceased person or, if the deceased person was, at the time of his or her death, a party to a domestic relationship, a person who is, for the purposes of the Property (Relationships) Act 1984 , a child of that relationship, or
(c) a former wife or husband of the deceased person, or
(d) a person:
(i) who was, at any particular time, wholly or partly dependent upon the deceased person, and
(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of a household of which the deceased person was a member.
"estate", in relation to a person dying leaving a will, includes property which would, on a grant of probate of the will, vest in the executor of the will or, on a grant of administration with the will annexed, vest in the administrator appointed under that grant.

"notional estate", in relation to a deceased person, means property designated by the Court under section 23, 24 or 25 as notional estate of the deceased person.

"property" includes real and personal property and any estate or interest (whether a present, future or contingent estate or interest) in real or personal property, and money, and any debt, and any cause of action for damages (including damages for personal injury), and any other chose in action, and any right with respect to property, and any valuable benefit.

"will" includes a codicil.
(2) A reference in this Act to an application in relation to a deceased person is a reference to an application to the Court for an order for provision in favour of an eligible person out of the estate or notional estate, or both, of the deceased person.
(3) A reference in this Act to an order for provision in favour of an eligible person is a reference to an order under section 7 or 8 in favour of the eligible person.
(4) A reference in this Act to the estate of a deceased person is, where any property which was in the estate of the deceased person at the time of death has been distributed, a reference to so much of the property in the estate as has not been distributed.
(5) Where property in the estate of a deceased person is held by the administrator of that estate as trustee for a person or for a charitable or other purpose, the property shall be treated, for the purposes of this Act, as not having been distributed unless it is vested in interest in that person or for that purpose.
(6) Except in so far as the context or subject-matter otherwise indicates or requires, a reference in this Act to property held by a person includes a reference to property in relation to which the person is entitled to exercise a power of appointment or disposition in favour of himself or herself.
(7) A reference in this Act to a person entitled to exercise a power is a reference to a person entitled to exercise the power whether the power is absolute or conditional and whether or not the power arises under a trust, and includes a reference to a person entitled to exercise the power together with one or more other persons, whether jointly or severally.
(8) The Court may, for the purpose of giving effect to any provision of this Act, determine in relation to the provision that the date or time of death of a person the date or time of whose death is uncertain shall be treated as being such date or time, as the case may be, as the Court thinks reasonable for the purposes of the provision.