South Australian Current Acts South Australian Current ActsIn this Act, except where the subject matter or context or other provision
requires a different construction—
"administration" means all letters of administration of the effects of
deceased persons, whether with or without the will annexed, and whether
granted for general, special, or limited purposes;
"administrator" means any person to whom administration has been granted;
"common form business" means the business of obtaining probate and
administration where there is no contention as to the right thereto, including
the passing of probates and administrations through the Court in contentious
cases when the contest is terminated, and all business of a non-contentious
nature to be taken in the Court in matters of testacy and intestacy not being
proceedings in any action, and also the business of lodging caveats against
the grant of probate or administration;
"Court", "the Court", and "the said Court mean the Supreme Court of this State
and any Judge thereof;
"Court of Probate Act 1858" means an Act of the Imperial Parliament made
and passed in the twenty-first and twenty-second years of the reign of Queen
Victoria, intituled "An Act to amend the Act of the twentieth and twenty-first
Victoria, chapter seventy-seven";
"deliver" includes "pay";
"domestic partner", in relation to a deceased person, means—
(a) a
person declared under the Family Relationships Act 1975 to have been the
domestic partner of the deceased as at the date of the deceased person's
death; or
(b) a
person who was in a registered relationship with the deceased as at the date
of the deceased person's death;
"estate" comprises both realty and personalty, and includes any money or other
property subject to any trust and received by the Public Trustee under order
of the Court;
"Judge" means a Judge of the Supreme Court;
"matters and causes testamentary" means all matters and causes relating to the
grant and revocation of probate of wills or of administration;
"Public Trustee" has the same meaning as in the Public Trustee Act 1995
;
"registered relationship" means a relationship that is registered under the
Relationships Register Act 2016 , and includes a corresponding law
registered relationship under that Act;
"Registrar" means the Registrar of Probates, and any acting or deputy
Registrar of Probates;
"rules" means the rules under this Act;
"spouse", in relation to a deceased person, means a person who was legally
married to the deceased as at the date of his or her death;
"trustee company" means a trustee company within the meaning of the
Trustee Companies Act 1988 ;
"will" comprehends "testament" and
"codicil" and all other testamentary instruments of which probate can be
granted.