Definitions
3 Definitions
In this Act—
Court means the Supreme Court;
S. 3(1) def. of de facto spouse repealed by No. 27/2001 s. 3(Sch. 1 item 14.1(a)).
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disposition includes the following—
any gift, devise or bequest of property under a will;
the creation by will of a power of appointment affecting property;
the exercise by will of a power of appointment affecting property;
S. 3(1) def. of document amended by No. 11/2021 s. 79(2).
document means any paper or material on which there is writing and if the remote execution procedure is used, includes a document in electronic form;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 14.1(b)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 66.1).
domestic partner of a deceased person means—
a person who was at the date of death in a registered relationship with the person; or
a person to whom the person was not married but with whom the deceased person was living at the date of death as a couple on a genuine domestic basis (irrespective of gender);
minor means a person who is less than 18 years old;
Registrar has the same meaning as in the Administration and Probate Act 1958;
S. 3(1) def. of remote execution procedure inserted by No. 11/2021 s. 79(1).
remote execution procedure means the procedure set out in section 8A;
S. 3(1) def. of remuneration clause inserted by No. 41/2017 s. 28.
remuneration clause has the same meaning as it has in the Administration and Probate Act 1958;
S. 3(1) def. of special witness inserted by No. 11/2021 s. 79(1).
special witness means—
an Australian legal practitioner; or
a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; or
a person who is a member of a prescribed class of person;
S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 14.1(b)), amended by No. 44/2012 s. 7.
spouse of a deceased person means a person to whom the deceased person was married at the date of death.
S. 3(1A) inserted by No. 27/2001 s. 3(Sch. 1 item 14.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 66.2).
For the purposes of the definition of domestic partner in subsection (1)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who were not in a registered relationship were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
This Act applies to a codicil or other testamentary writing in the same manner as it applies to a will.
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