Administration and Probate Act 1935

In this Act, unless the contrary intention appears – administration means, with reference to the real and personal estate of a deceased person, letters of administration, whether general or limited, or with the will annexed or otherwise; and in Part VI includes 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 shall, in the opinion of a judge, be deemed sufficient; administrator means a person to whom administration is granted; conveyance includes a mortgage, lease, assent, vesting declaration, vesting instrument, disclaimer, release, and every other assurance of property or of an interest therein by any instrument, except a will; and disposition includes a "conveyance" and also a devise or bequest and an appointment of property contained in a will;Court means the Supreme Court; income includes rents and profits; intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate; pecuniary legacy includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all duties free from which any devise, bequest, or payment is made to take effect; personal chattels means carriages, horses, stable furniture and effects, motor-cars and accessories, garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors, and consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money or securities for money; personal representative means the executor, original or by representation, or administrator for the time being of a deceased person; possession includes the receipt of rents and profits or the right to receive the same, if any; probate means the probate of a will, and in Part VI includes exemplification of probate, or such other formal document purporting to be under the seal of a court of competent jurisdiction as shall, in the opinion of a judge, be deemed sufficient;Probate Rules means rules and orders made by the judges, or a majority of them, for regulating the procedure and practice of the Court in regard to non-contentious or common form probate business; property includes a thing in action and any interest in real or personal property; purchaser means a lessee, mortgagee, or other person who in good faith acquires an interest in property for valuable consideration, also an intending purchaser, and valuable consideration includes marriage, but does not include a nominal consideration in money; real estate means any real estate, including chattels real, which by virtue of Part II devolves on the personal representative of a deceased person;Registrar means the Registrar of the Supreme Court; rent includes a rent service or a rent-charge, or other rent, toll, duty, or annual or periodical payment in money or money's worth, issuing out of or charged upon land, but does not include mortgage interest, and rent-charge includes a fee-farm rent; representation means the probate of a will and administration, and the expression "taking out representation" refers to the obtaining of the probate of a will or of the grant of administration; securities includes stocks, funds, or shares; the deceased means the testator or intestate to whom the context relates; tenant for life, land, settled land, settlement, and trustees of the settlement have the same meanings as in the Settled Land Act 1884; trust corporation means The Public Trustee or a corporation authorized by any Act, or appointed by the Court in any particular case, to be a trustee; trust for sale, in relation to land, means an immediate binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone the sale; and power to postpone a sale means power to postpone in the exercise of a discretion; will includes codicil.

References to a child or issue living at the death of any person include a child or issue en ventre sa mère at the death.

References to the estate of a deceased person include property over which the deceased exercises a general power of appointment by his will.

References to any statutes of distribution in an instrument inter vivos made, or in a will coming into operation after the commencement of this Act, shall be construed as references to Part V; and references in such an instrument or will to statutory next-of-kin shall be construed, unless the contrary intention appears, as referring to the persons who would take beneficially on an intestacy under the provisions of Part V.

Any prescribed Probate Rules continue in force as if duly made under this Act as amended by the Justice and Related Legislation (Miscellaneous Amendments) Act 2008.

For the purposes of subsection (5) – prescribed Probate Rules means Probate Rules and any amendment to the Probate Rules – made under this Act as in force before the commencement of the Justice and Related Legislation (Miscellaneous Amendments) Act 2008; and in force immediately before the commencement of that Act.