NSWIn ForceAct
Probate and Administration Act 1898
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act, unless the context or subject matter otherwise indicates or requires—
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> > Administrator includes the NSW Trustee and any other person to whom administration as hereinafter defined is granted.
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> > Administration includes all letters of administration of the real and personal estate and effects of deceased persons whether with or without the will annexed, and whether granted for general, special, or limited purposes, also exemplification of letters of administration or 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 deemed sufficient.
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> > The Court means the Supreme Court of New South Wales.
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> > Minor means a person under the age of eighteen years.
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> > NSW Trustee means the NSW Trustee and Guardian constituted under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049).
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> > 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.
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> > Rule Committee means—
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> > > (a) the committee established under section 123 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), or
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> > > (b) the Uniform Rules Committee established under section 8 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).
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> > Will extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child by virtue of the Imperial Act twelfth Charles the Second, chapter twenty-four, and to any other testamentary disposition.
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> > Real estate extends to messuages, lands, rents, and hereditaments, of freehold or any other tenure, and whether corporeal, incorporeal or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein, and in part 2 includes lands held under building leases or any lease for twenty-one years and upwards.
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> > Personal estate, except in part 2 as hereinbefore mentioned, extends to leasehold estates and other chattels real, and also to moneys, 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 Real Estates of Intestates Distribution Act of 1862, commonly known as “Dr. Lang’s Act,” by law devolved upon the executor or administrator, and to any share or interest therein.
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> > Registrar means a person who is—
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> > > (a) appointed in accordance with section 120 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), and
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> > > (b) nominated by the Principal Registrar of the Supreme Court for the purposes of this Act.
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> > Rules means rules made or in force by or under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) or the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).
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> > Seal of the Court means seal of the Court as provided for by the Rules.
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> > Trustee company means a licensed trustee company within the meaning of Chapter 5D of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth authorised by an Act of New South Wales to act as trustee.
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> > (2) Notes in this Act do not form part of this Act.
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> **s 3:** Am 1913 No 19, sec 60 (a); 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1970 No 60, First Sch; 1977 No 122, Sch 3; 1979 No 187, Sch 1 (1); 1989 No 17, Sch 1 (1); 1999 No 39, Sch 8; 2009 No 49, Sch 2.47 \[1\] \[2\]; 2009 No 56, Sch 2.47; 2009 No 109, Sch 2.3 \[1\]; 2012 No 60, Sch 14 \[1\]; 2013 No 1, Sch 1.17 \[1\].