South Australian Current Acts South Australian Current Acts (1) In this Act—
"administration" means letters of administration of the estate of deceased
persons, whether with or without the will annexed, and whether granted for
general, special or limited purposes;
"adult" means a person of or above the age of 18 years;
"annulment" of a person's marriage means—
(a) the
annulment of the marriage by the Family Court of Australia; or
(b) the
annulment of the marriage under a law of a place outside Australia, if the
annulment is recognised in Australia under the Family Law Act;
"Australian jurisdiction" means a State or Territory of the Commonwealth;
"Australian legal practitioner" means a local legal practitioner or an
interstate legal practitioner;
"child", in relation to a deceased person, includes a person who is recognised
as a child of the deceased person by virtue of the Family Relationships
Act 1975 ;
"Convention" means the Convention providing a Uniform Law on the Form of an
International Will 1973 signed in Washington D.C. on
26 October 1973;
"Court" means the Supreme Court of South Australia;
"deemed grant of probate or administration" means a grant of probate or
administration taken to have been granted by virtue of the operation of
section 73(4);
"disposition" includes—
(a) a
devise, bequest, legacy or other gift of property under a will; and
(b) the
creation by will of a power of appointment affecting property; and
(c) the
exercise by will of a power of appointment affecting property;
"divorce" of a person means the termination of the person's marriage by—
(a) a
divorce order in relation to the marriage taking effect under the Family Law
Act; or
(b) the
dissolution of the marriage in accordance with the law of a place outside
Australia, if the dissolution is recognised in Australia under the Family Law
Act;
"domestic partner"—
(a) in
relation to a living person means a person who is a domestic partner within
the meaning of the Family Relationships Act 1975 , whether declared as
such under that Act or not;
(b) in
relation to a deceased person means—
(i)
a person declared under the
Family Relationships Act 1975 to have been the domestic partner of the
deceased person as at the date of the deceased person's death; or
(ii)
a person who was in a registered relationship with the
deceased person as at the date of the deceased person's death;
"estate" comprises real and personal property and includes any money or other
property subject to a trust and received by the Public Trustee under order of
the Court;
"Family Law Act" means the Family Law Act 1975 of the Commonwealth;
"foreign grant", of probate or administration, means a grant of probate or
administration issued by a court of competent jurisdiction outside Australia;
"foreign will" means a will made outside Australia;
"international will" means a will made in accordance with the requirements of
the Annex to the Convention set out in Schedule 1;
"interstate grant", of probate or administration, means a grant of probate or
administration issued by a court of competent jurisdiction in another State or
a Territory of the Commonwealth;
"interstate legal practitioner" has the same meaning as in the
Legal Practitioners Act 1981 ;
"intestate" means a person who—
(a) dies
without leaving a will; or
(b) dies
leaving a will that does not effectively dispose of either the whole or part
of the person's estate;
"intestate estate" in relation to an intestate means—
(a) in
the case of an intestate who leaves a will—that part of the person's
estate that is not effectively disposed of by the will; or
(b) in
any other case—the whole of the person's estate;
"Judge" means a Judge of the Supreme Court of South Australia;
"local legal practitioner" has the same meaning as in the
Legal Practitioners Act 1981 ;
"minor" means a person under the age of 18 years;
"oath" includes an affirmation;
"parent", in relation to a deceased person, includes a person who is
recognised as a parent of the deceased person by virtue of the Family
Relationships Act 1975 ;
"probate" means probate of the will of a deceased person;
"property" means real property or personal property;
"Public Trustee" has the same meaning as in the Public Trustee Act 1995
;
"real property" means an estate or interest in land;
"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 or an acting or deputy Registrar
of Probates;
"rules of court" or "rules" means the rules of court made under this Act;
"spouse"—
(a) a
person is the spouse of a living person if the persons are legally married to
each other;
(b) a
person is the spouse of a deceased person if the person was legally married to
the deceased person as at the date of the deceased person's death;
"testamentary jurisdiction" of the Court means the jurisdiction of the Court
set out in section 18 of the Supreme Court Act 1935 ;
"trustee company" has the same meaning as in the Trustee Companies
Act 1988 ;
"undevised land" means land forming part of a deceased estate that has not
been disposed of by will (whether the deceased died wholly or partially
intestate);
"will" includes a codicil and any other testamentary disposition.
(2) For the purposes
of this Act—
(a) a
person's marriage is ended when—
(i)
the annulment of the person's marriage takes effect; or
(ii)
the person's divorce takes effect;
(b) a
person's registered relationship is ended when it is taken to end under the
Relationships Register Act 2016 .
(3) For the purposes
of this Act—
(a) a
person is a "former domestic partner" of a deceased person if the person was
the domestic partner of the deceased person at some time other than
immediately before the deceased person's death;
(b) a
person is a "former spouse" of a deceased person if the person's marriage with
the deceased person had ended at some time other than immediately before the
deceased person's death.