5Definitions

5 Definitions

S. 5(1) amended by No. 41/2017 s. 5(1).

(1) In this Part and Part IA 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;

S. 5(1) def. of intestate repealed by No. 41/2017 s. 5(2).

S. 5(1) def. of licensed trustee company inserted by No. 17/2010 s. 17(a).

licensed trustee company has the same meaning as in section 601RAA of the Corporations Act;

S. 5(1) def. of lunatic repealed by No. 59/1986
s. 143(2).

S. 5(1) def. of pecuniary legacy substituted by No. 80/2014
s. 10.

pecuniary legacy means a gift of a sum of money in a will and includes—

(a) an annuity; and

X's will gives $1000 to A every year for the next 10 years.

(b) a general legacy which is a gift by will payable out of the deceased's general estate and not attached to a specific asset or fund belonging to the deceased; and

X's will gives $1000 to A.

(c) a demonstrative legacy which is a gift by will directed to be paid out of a specific fund or a particular part of the deceased's estate, to the extent that it cannot be paid out of the specific property on which it is charged; and

X's will gives $10 000 to A from X's bank account at the Bank of Y and provides that if this bank account is inadequate to satisfy the legacy or does not exist at the time of X's death, then $10 000 may be paid to A out of X's general estate.