WILLS ACT 1936 - SECT 3

WILLS ACT 1936 - SECT 3

3—Interpretation and application of Act

        (1)         In this Act, unless the contrary intention appears—

"adult" means a person of or over the age of 18 years;

"the Court" means the Supreme Court of South Australia;

"minor" means a person under the age of 18 years;

"personal estate" includes leasehold estates and other chattels real and money, shares of Government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which, prior to the coming into operation of The Intestate Real Estates Distribution Act 1867 devolved by law upon the executor or administrator and any share or interest in any such personal estate;

"real estate" includes messuages, lands, rents, and hereditaments, whether freehold or of any other tenure, and whether corporeal, incorporeal, or personal, and any estate, right or interest (other than a chattel interest) therein;

"the Registrar" means the Registrar of Probates or a deputy Registrar of Probates;

"will" includes testament, codicil, appointment by will or by writing in the nature of a will in exercise of a power and a disposition by will and testament or devise of the custody and tuition of any child by virtue of the Imperial Act passed in the twelfth year of the reign of King Charles the Second, Chapter 24, and any other testamentary disposition.

        (2)         Except where this Act otherwise provides, this Act applies to every will made on or after 1 January, 1838. Every will re-executed or republished or revived by any codicil will, for the purposes of this Act, be taken to have been made at the time at which the will or codicil was so re-executed, republished or revived.

        (3)         This Act does not extend to any estate pur autre vie of any person who died before 1 January, 1838.