South Australian Current Acts South Australian Current Acts (1) In this
Part—
"administrator" means a person to whom administration has been granted;
"dwelling" means a house or other building occupied as a dwelling and
includes—
(a) a
part of a house or other building occupied as a separate dwelling; or
(b) the
curtilage of a dwelling;
"personal goods" in relation to an intestate means—
(a) any
articles of household or personal use or ornament that form part of the
intestate's estate; and
(b) any
motor vehicle that forms part of the intestate's estate,
but does not include any goods used for business purposes;
"relative" means a relative of the first, second, third or fourth degree;
"relative of the first degree" in relation to an intestate means a parent of
the intestate;
"relative of the second degree" in relation to an intestate means a sibling of
the intestate;
"relative of the third degree" in relation to an intestate means a grandparent
of the intestate;
"relative of the fourth degree" in relation to an intestate means a sibling of
a parent of the intestate;
"value" in relation to an intestate estate, or property forming part of an
intestate estate, means the value of the estate or property as at the date of
the death of the intestate.
(2) For the purposes
of this Part, it is immaterial whether a relationship is of the whole blood or
the half blood.
(3) For the purposes
of this Part, a child born to a person within 10 months after the
person's marriage or domestic partnership is ended by the death of the
person's spouse or domestic partner will, in the absence of proof to the
contrary, be presumed to be the child of that person and the person's deceased
spouse or domestic partner.
(4) For the purposes
of this Part, a person will not be regarded as having survived another person
unless—
(a) the
person survives the other person by at least 30 days; or
(b) the
person is conceived before, but born after, the other person's death and
survives for at least 30 days after birth.
(5) However, the rules
set out in subsection (4) are not to be applied if, as a result of their
application, the intestate estate would pass to the Crown.