Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 5

Definitions

5. Definitions



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

administration means with reference to the estate of a deceased person letters
of administration whether general special or limited or with the will annexed
or otherwise;

administrator means a person to whom administration is granted;

conveyance includes a mortgage lease assent vesting declaration disclaimer
release and every other assurance of property or of an interest therein by any
instrument except a will and convey has a corresponding meaning and
disposition includes a conveyance also a devise bequest and an appointment of
property contained in a will and dispose of has a corresponding meaning;

estate means real and personal estate;

grant means a grant of probate or administration;

income includes rents and profits;

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

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pecuniary legacy includes an annuity a general legacy a demonstrative legacy
so far as it is not discharged out of the designated property and any other
general direction by a testator for the payment of money including all duties
relating to the estate or property of a deceased person free from which any
devise bequest or payment is made to take effect;

personal chattels means carriages horses stable furniture and effects (not
used for business purposes) motor cars and accessories (not used for business
purposes) garden effects domestic animals plate plated articles linen china
glass books pictures prints furniture jewellery articles of household or
personal use or ornament musical and scientific instruments and apparatus
wines liquors and consumable stores but does not include any chattels used at
the death of the intestate for business purposes nor money or securities for
money;

personal representative means the executor original or by representation or
administrator for the time being of a deceased person;

possession includes the receipt of rents and profits or the right to receive
the same (if any);

probate means the probate of a will;

property includes a thing in action and any interest in real or personal
property;

purchaser means a lessee mortgagee or other person who in good faith acquires
an interest in property for valuable consideration also an intending purchaser
and valuable consideration includes marriage but does not include a nominal
consideration in money;

representation (except in section fifty-two) means the probate of a will and
administration;

rent includes a rent service or a rent charge or other rent toll duty or
annual or periodical payment in money or money's worth issuing out of or
charged upon land but does not include mortgage interest as such; and rent
charge includes a fee farm rent;

securities includes stocks funds or shares;

trustee company means a trustee company under the Trustee Companies Act 1984;

trust for sale in relation to land means as immediate binding trust for sale
whether or not exercisable at the request or with the consent of any person
and with or without a power at discretion to postpone the sale; and power to
postpone a sale means power to postpone in the exercise of a discretion;

will includes codicil and every other testamentary instrument.

(2) References to a child or issue living at the death of any person include a
child or issue en ventre sa mere at the death.

(3) References to the estate of a deceased person include property over which
the deceased exercises a general power of appointment (including the statutory
power to dispose of entailed interests) by his will.





Division 1A-Deposit of wills with registrar