ADMINISTRATION AND PROBATE ACT 1958 - SECT 3 Definitions

ADMINISTRATION AND PROBATE ACT 1958 - SECT 3

S. 3(1) amended by No. 10/1994

s. 4(1)(a).

    (1)     In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of aunt or uncle inserted by No. 41/2017 s. 4(2)(a).

"aunt or uncle" means a sibling of a deceased person's parent;

"Court" means the Supreme Court of Victoria;

S. 3(1) def. of cousin inserted by No. 41/2017 s. 4(2)(a).

"cousin" means a child of a deceased person's aunt or uncle;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 1.1), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 2.1(a)).

"domestic partner" of a person who dies means a registered domestic partner or an unregistered domestic partner of that person;

S. 3(1) def. of dust-related condition inserted by No. 15/2000 s. 3.

"dust-related condition" means—

        (a)     a disease specified in the First Schedule; or

        (b)     any other pathological condition of the lungs, pleura, peritoneum or sinus that is attributable to dust;

S. 3(1) def. of interested beneficiary inserted by No. 41/2017 s. 14.

"interested beneficiary "means a beneficiary of an estate whose entitlement to part of the residuary estate may be affected by the deduction of executor's remuneration from the estate;

S. 3(1) def. of intestate inserted by No. 41/2017 s. 4(2)(a).

"intestate "includes a person who leaves a will but dies intestate as to some beneficial interest in that person's real or personal estate;

S. 3(1) def. of legacy interest rate inserted by No. 41/2017 s. 4(1).

"legacy interest rate" means the rate that lies 2 per cent above the cash rate last published by the Reserve Bank of Australia before 1 January in the calendar year in which interest begins to accrue;

S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 2 ), amended by No. 17/2014 s. 160(Sch. 2 item 2).

"legal practitioner" means an Australian legal practitioner;

S. 3(1) def. of Master repealed by No. 24/2008 s. 75.

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S. 3(1) def. of parent inserted by No. 27/2001 s. 3(Sch. 1 item 1.1).

"parent" of a child includes a person who has day to day care and control of the child and with whom the child is ordinarily resident;

"Part" means Part of this Act;

S. 3(1) def. of partner inserted by No. 27/2001 s. 3(Sch. 1 item 1.1), amended by No. 41/2017 s. 4(2)(b).

"partner" of a person who dies, other than in Part IA, means the person's spouse or domestic partner;

S. 3(1) def. of public trustee repealed by No. 55/1987

s. 57(3)(Sch. 5 item 1).

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S. 3(1) def. of registered caring partner inserted by No. 4/2009 s. 37(Sch.  1 item 2.1(a)).

"registered caring partner" of a person who dies means a person who, at the time of the person's death, was in a registered caring relationship with the person within the meaning of the Relationships Act 2008 ;

S. 3(1) def. of registered domestic partner inserted by No. 12/2008 s. 73(1)(Sch.  1 item 2.1(b)), amended by No. 4/2009 s. 37(Sch.  1 item 2.1(b)).

"registered domestic partner" of a person who dies means a person who, at the time of the person's death, was in a registered domestic relationship with the person within the meaning of the Relationships Act 2008 ;

S. 3(1) def. of registrar substituted by No. 8951

s. 5(1)(a), amended by No. 57/1989

s. 3(Sch. item 4.2).

"registrar" means the registrar of probates appointed pursuant to the Supreme Court Act 1986 and includes an assistant registrar of probates;

S. 3(1) def. of remuneration clause inserted by No. 41/2017 s. 14.

"remuneration clause "means a clause in a will that provides for remuneration of, or a commission or fees to be paid to, an executor for executorial services;

S. 3(1) def. of residuary estate inserted by No. 41/2017 s. 4(2)(a).

"residuary estate "of an intestate means the residue of the intestate's real and personal estate, including—

        (a)     the money and any investments representing the money arising from any sale or conversion of the estate under section 70H; and

        (b)     any part of the estate of the intestate which—

              (i)     may be retained unsold; and

              (ii)     is not required for the administration purposes of the estate, for the payment of any amount specified in section 70H(4)(a) or for the setting aside of any fund under section 70H(4)(b);

S. 3(1) def. of small estate inserted by No. 45/1994

s. 38, repealed by No. 80/2014 s. 14.

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S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 1.1).

"spouse" of a person who dies means a person who was married to the person at the time of the person's death;

S. 3(1) def. of State Trustees inserted by No. 45/1994

s. 38, substituted by No. 44/2001 s. 3(Sch. item 2).

"State Trustees" means State Trustees Limited (A.C.N. 064 593 148);

S. 3(1) def. of the Rules inserted by No. 78/2000 s. 3.

"the Rules" means the Rules of Court made by the Judges of the Court whether made under powers conferred under this Act or otherwise.

S. 3(1) def. of unregistered domestic partner inserted by No. 12/2008 s. 73(1)(Sch.  1 item 2.1(b)), amended by No. 21/2008 s. 26.

"unregistered domestic partner" of a person who dies means a person (other than a registered domestic partner of the person) who, although not married to the person—

        (a)     was living with the person at the time of the person's death as a couple on a genuine domestic basis (irrespective of gender); and

        (b)     either—

              (i)     had lived with the person in that manner continuously for a period of at least 2 years immediately before the person's death; or

              (ii)     is the parent of a child of the person, being a child who was under 18 years of age at the time of the person's death.

S. 3(2) inserted by No. 10/1994

s. 4(1)(b).

    (2)     In this Act, if the context requires—

        (a)     a reference to the granting of probate or administration is to be construed as a reference to the making of an order granting probate or administration; and

        (b)     a reference to a grant is to be construed as a reference to an order for a grant; and

        (c)     a reference to probate is to be construed as a reference to an order for a grant of probate; and

        (d)     a reference to administration is to be construed as a reference to an order granting letters of administration.

S. 3(3) inserted by No. 27/2001 s. 3(Sch. 1 item 1.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 2.2).

    (3)     For the purposes of the definition of unregistered domestic partner in subsection (1), in determining whether persons were unregistered domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.