6Interpretation

6 Interpretation (1) In this Act, unless the contrary intention appears: Aboriginal means a person who is a member of the aboriginal race of Australia. administration includes all letters of administration of the real and personal estate of deceased persons whether with or without the will annexed and whether granted for general, special or limited purposes, exemplification of letters of administration and such other formal evidence of the letters of administration purporting to be under the seal of a court of competent jurisdiction as is in the opinion of the Court sufficient. administrator includes any person to whom administration is granted. committee, in relation to a person, includes a guardian for that person's financial matters appointed under the Guardianship of Adults Act 2016. deceased person means a person dying on or after the date on which this Act comes into operation.

Administration and Probate Act 1969 2 distribute means to pay, deliver or divide the estate or property referred to, or to among the person or persons entitled thereto under any intestacy or under any will. election means an election to administer the estate or a part of the estate of a deceased person. next of kin, in relation to a deceased person, means those persons, other than a spouse or de facto partner of the deceased person, who would be entitled to take an interest in the estate of the deceased person if he or she had died intestate. probate includes exemplification of probate or any other formal document, purporting to be under the seal of a court of competent jurisdiction, which, in the opinion of the Court, is deemed sufficient. professional personal representative means: (a) the Public Trustee; (b) a trustee company within the meaning of the Companies (Trustees and Personal Representatives) Act 1981; or (c) a legal practitioner. Public Trustee has the same meaning as in the Public Trustee Act 1979. purposes of administration, in relation to the administration of the estate of a deceased person, includes the payment in due course of administration of the debts, funeral and testamentary expenses, duties and commission, and the costs, charges and expenses of the executor or administrator, and any costs which may be ordered to be paid out of the estate. Registrar means the Registrar of the Supreme Court performing the functions of the Registrar of Probates. relevant country means: (a) a State or another Territory of the Commonwealth of Australia; (b) a country that is prescribed; or (c) where a part of a country is prescribed – that part of the country. representation means the probate of a will and administration. will includes a codicil.

Administration and Probate Act 1969 3 (2) In this Act, unless the contrary intention appears, a reference to a Public Trustee, in relation to a country, shall be read as including a reference to an officer of that country who is entitled under a law of that country to apply, in a case where a deceased person has died intestate leaving no next of kin, to a court for an order that authorizes the officer to administer the estate of the deceased person. (4) For the purposes of this Act, an Aboriginal who has entered into a relationship with another Aboriginal that is recognized as a traditional marriage by the community or group to which either Aboriginal belongs is married to the other Aboriginal, and all relationships shall be determined accordingly. (5) Except where they are defined in this Act to have a different meaning or the contrary intention appears, words used in this Act have the same meaning as defined in the Supreme Court Act 1979 or in Chapter 3 of the Rules of the Supreme Court made under that Act.