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ADMINISTRATION AND PROBATE ACT 1919 - SECT 4

ADMINISTRATION AND PROBATE ACT 1919 - SECT 4

4—Interpretation

In this Act, except where the subject matter or context or other provision requires a different construction—

"administration" means all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes;

"administrator" means any person to whom administration has been granted;

"common form business" means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probates and administrations through the Court in contentious cases when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy not being proceedings in any action, and also the business of lodging caveats against the grant of probate or administration;

"Court", "the Court", and "the said Court mean the Supreme Court of this State and any Judge thereof;

"Court of Probate Act 1858" means an Act of the Imperial Parliament made and passed in the twenty-first and twenty-second years of the reign of Queen Victoria, intituled "An Act to amend the Act of the twentieth and twenty-first Victoria, chapter seventy-seven";

"deliver" includes "pay";

"domestic partner", in relation to a deceased person, means—

            (a)         a person declared under the Family Relationships Act 1975 to have been the domestic partner of the deceased as at the date of the deceased person's death; or

            (b)         a person who was in a registered relationship with the deceased as at the date of the deceased person's death;

"estate" comprises both realty and personalty, and includes any money or other property subject to any trust and received by the Public Trustee under order of the Court;

"Judge" means a Judge of the Supreme Court;

"matters and causes testamentary" means all matters and causes relating to the grant and revocation of probate of wills or of administration;

"Public Trustee" has the same meaning as in the Public Trustee Act 1995 ;

"registered relationship" means a relationship that is registered under the Relationships Register Act 2016 , and includes a corresponding law registered relationship under that Act;

"Registrar" means the Registrar of Probates, and any acting or deputy Registrar of Probates;

"rules" means the rules under this Act;

"spouse", in relation to a deceased person, means a person who was legally married to the deceased as at the date of his or her death;

"trustee company" means a trustee company within the meaning of the Trustee Companies Act 1988 ;

"will" comprehends "testament" and "codicil" and all other testamentary instruments of which probate can be granted.