Victorian Current Acts

ADMINISTRATION AND PROBATE ACT 1958 - SECT 90

In this Part unless inconsistent with the context or subject–matter—

S. 90 def. of Court amended by Nos 16/1986
s. 17(a), 110/1986
s. 140(2), 19/1989
s. 16(Sch.
item 2), substituted by No. 80/2014 s. 3(1).

"Court" means the Supreme Court or the County Court;

S. 90 def. of disability inserted by No. 80/2014 s. 3(2).

"disability "means a disability—

        (a)     that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or to one or more impairments attributable to a psychiatric condition; and

        (b)     the impairment or impairments are, or are likely to be, permanent; and

        (c)     the impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities—

              (i)     communication;

              (ii)     social interaction;

              (iii)     learning;

              (iv)     mobility;

              (v)     self-care;

              (vi)     self-management; and

        (d)     the impairment or impairments affect the person's capacity for social or economic participation;

S. 90 def. of eligible person inserted by No. 80/2014 s. 3(2).

"eligible person" means—

        (a)     a person who was the spouse or domestic partner of the deceased at the time of the deceased's death;

        (b)     a child of the deceased, including a child adopted by the deceased who, at the time of the deceased's death, was—

              (i)     under the age of 18 years; or

              (ii)     a full-time student aged between 18 years and 25 years; or

              (iii)     a child with a disability;

        (c)     a stepchild of the deceased who, at the time of the deceased's death, was—

              (i)     under the age of 18 years; or

              (ii)     a full-time student aged between 18 years and 25 years; or

              (iii)     a stepchild with a disability;

        (d)     a person who, for a substantial period during the life of the deceased, believed that the deceased was a parent of the person and was treated by the deceased as a natural child of the deceased who, at the time of the deceased's death, was—

              (i)     under the age of 18 years; or

              (ii)     a full-time student aged between 18 years and 25 years; or

              (iii)     a child with a disability;

        (e)     a former spouse or former domestic partner of the deceased if the person, at the time of the deceased's death—

              (i)     would have been able to take proceedings under the Family Law Act 1975 of the Commonwealth; and

              (ii)     has either—

    (A)     not taken those proceedings; or

    (B)     commenced but not finalised those proceedings; and

              (iii)     is now prevented from taking or finalising those proceedings because of the death of the deceased;

        (f)     a child or stepchild of the deceased not referred to in paragraph (b) or (c);

        (g)     a person who, for a substantial period during the life of the deceased, believed that the deceased was a parent of the person and was treated as a natural child of the deceased not referred to in paragraph (d);

        (h)     a registered caring partner of the deceased;

              (i)     a grandchild of the deceased;

        (j)     a spouse or domestic partner of a child of the deceased (including a stepchild or a person referred to in paragraph (d) or (g)) if the child of the deceased dies within one year of the deceased's death;

        (k)     a person who, at the time of the deceased's death, is (or had been in the past and would have been likely in the near future, had the deceased not died, to again become) a member of the household of which the deceased was also a member;

S. 90 def. of family provision order inserted by No. 80/2014 s. 3(2).

"family provision order" means an order under section 91 ;

S. 90 def. of personal representative inserted by No. 6920
s. 4.

"personal representative" means the executor original or by representation or administrator for the time being of a deceased person;

"will" includes codicil and every other testamentary instrument.

S. 90A inserted by No. 80/2014 s. 4.