3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > administration of the estate of a deceased person is defined in section 55. > > > > administrator has the same meaning as it has in the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013). > > > > close personal relationship is defined in subsection (3). > > > > costs, in relation to proceedings under this Act, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration. > > > > Court means— > > > > > (a) the Supreme Court, in relation to any matter (including a matter referred to in paragraph (b)), or > > > > > (b) the District Court, in relation to a matter under Chapter 3 for which it has jurisdiction under section 134 of the [District Court Act 1973](/view/html/inforce/current/act-1973-009). > > > > deceased person includes any person in respect of whose estate administration has been granted. > > > > deceased transferee means a deceased transferee referred to in section 81 or 82. > > > > disposition includes the following— > > > > > (a) any gift, devise or bequest of property under a will, > > > > > (b) the creation by will of a power of appointment affecting property, > > > > > (c) the exercise by will of a power of appointment affecting property. > > > > document— > > > > > (a) except as provided by paragraph (b)—has the same meaning as it has in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), and > > > > > (b) in Chapter 2 (other than section 8)—means any paper or material on which there is writing. > > > > domestic relationship has the same meaning as it has in the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147). > > > > eligible person means a person who may make an application for a family provision order under section 57. > > > > family provision order means an order made by the Court under Chapter 3 in relation to the estate or notional estate of a deceased person to provide from that estate for the maintenance, education or advancement in life of an eligible person. > > > > intestate is defined in section 102. > > > > legal representative of an estate is defined in section 55 (2). > > > > notional estate of a deceased person means property designated by a notional estate order as notional estate of the deceased person. > > > > notional estate order means an order made by the Court under Chapter 3 designating property specified in the order as notional estate of a deceased person. > > > > personal representative means the executor or administrator of the estate of a deceased person. > > > > property includes any valuable benefit. > > > > Registrar means a person who is— > > > > > (a) appointed in accordance with section 120 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), and > > > > > (b) nominated by the Principal Registrar of the Court for the purposes of this Act. > > > > will includes a codicil and any other testamentary disposition. > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions of some terms and expressions used in this Act. See, for example, the definitions of minor, land and property in section 21 of that Act. > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act to a child or issue of any person includes a child or issue who is born after the person’s death after a period of gestation in the uterus that commenced before the person’s death and survives the person for at least 30 days after birth. > > > (3) For the purposes of this Act, a close personal relationship is a close personal relationship (other than a marriage or a de facto relationship) between two adult persons, whether or not related by family, who are living together, one or each of whom provides the other with domestic support and personal care. > > > (4) For the purposes of subsection (3), a close personal relationship is taken not to exist between two persons where one of them provides the other with domestic support and personal care— > > > > > (a) for fee or reward, or > > > > > (b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation). > > > (5) Notes included in this Act do not form part of this Act. > > Note— > > References in headings to sections of this Act to “WPA” are references to the [Wills, Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) as in force before it was amended by this Act. References in headings to sections of this Act to “FPA” are references to the [Family Provision Act 1982](/view/html/repealed/current/act-1982-160) as in force immediately before it was repealed by the [Succession Amendment (Family Provision) Act 2008](/view/html/repealed/current/act-2008-075). > > **s 3:** Am 2008 No 75, Sch 1 \[2\]–\[5\]; 2009 No 29, Sch 1 \[2\] \[3\]; 2010 No 19, Sch 3.105 \[1\]; 2018 No 4, Sch 1.11 \[1\]; 2023 No 7, Sch 3.27\[1\].