Interpretation
61 Interpretation
In this Division, unless the contrary intention appears:
intestate means a deceased person who either does not leave a will or leaves a will but does not dispose effectively, by the will, of the whole or part of his or her real or personal property.
intestate estate, in relation to an estate, means:
(a) in the case of an intestate who leaves a will – the real and personal property of the intestate that is not effectively disposed of by the will; or
(b) in any other case – the real and personal property of the intestate.
personal chattels, in relation to an intestate, means:
(a) the articles of household or personal use or adornment, plated articles, china, glassware, pictures, prints, linen, jewellery, clothing, books, musical instruments or apparatus, scientific instruments or apparatus, wines, liquors, consumable stores and domestic animals of the intestate; and
the motor cars and accessories of the intestate,
but does not include:
(c) any chattels of the intestate used exclusively for business purposes; or
money and securities for money of the intestate.
personal representative, in relation to an intestate, means the executor of the will, or the administrator of the estate, of the intestate, as the case requires.
For the purposes of this Division:
each spouse shall be regarded as a separate person; and
(b) in ascertaining relationship it is immaterial whether the relationship is of the whole blood or the half blood.
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