101Definitions

#### 101 Definitions 101 Definitions > In this Chapter— > > brother or sister—a person is the brother or sister of another if they have one or both parents in common. > > deceased person—a deceased person is one who did not survive the intestate. > > domestic partnership—see section 105. > > eligible relative means a relative of the intestate who is entitled to share in the distribution of the intestate estate under Part 4.3. > > entitlement to the whole of the intestate estate—see section 103. > > Indigenous person is a person who— > > > (a) is of Aboriginal or Torres Strait Islander descent, and > > > (b) identifies as an Aboriginal person or Torres Strait Islander, and > > > (c) is accepted as an Aboriginal person by an Aboriginal community or as a Torres Strait Islander by a Torres Strait Islander community. > > intestate estate means— > > > (a) in the case of an intestate who leaves a will—property that is not effectively disposed of by will, and > > > (b) in any other case—all the property left by the intestate. > > leave—a person leaves another if the person dies and is survived by the other. > > personal effects of an intestate means the intestate’s tangible personal property except the following— > > > (a) property used exclusively for business purposes, > > > (b) banknotes or coins (unless forming a collection made in pursuit of a hobby or for some other non-commercial purpose), > > > (c) property held as a pledge or other form of security, > > > (d) property (such as gold bullion or uncut diamonds)— > > > > > (i) in which the intestate has invested as a hedge against inflation or adverse currency movements, and > > > > > (ii) which is not an object of household, or personal, use, decoration or adornment, > > > (e) an interest in land (whether freehold or leasehold). > > predecease—a person is taken to predecease the intestate if the person does not survive the intestate. > > presumptive share of an intestate estate of a deceased eligible relative of the intestate means the entitlement the relative would have had if he or she had survived the intestate. > > spouse—see section 104. > > statutory legacy for a spouse—see section 106. > > survive—see section 107. > > **s 101:** Ins 2009 No 29, Sch 1 \[4\]. Am 2015 No 48, Sch 1.29 \[1\].