Western Australian Current Acts

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ADMINISTRATION ACT 1903 - SECT 3

3 .         Terms used

                In this Act, unless the contrary appears —

        administration includes letters of administration of the estate and effects of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes; and also exemplification of letters of administration with or without the will annexed and such other evidence of letters of administration purporting to be under the seal of a court of competent jurisdiction as in the opinion of the Court is sufficient;

        administrator includes the Public Trustee and any other person to whom administration, as hereinafter defined, is granted;

        Court means the Supreme Court or any judge thereof;

        insolvent , in relation to the estate of a deceased person, means insufficient for the payment in full of the debts and liabilities of the estate of the deceased person;

        personal estate extends to leasehold estates and other chattels real, and also to all other property whatsoever which, prior to the coming into operation of The Real Estates Administration Act 1 , by law devolved upon the executor or administrator, and to any share or interest therein;

        prescribed means prescribed by this Act or the rules or regulations thereunder;

        Principal Registrar means the person for the time being holding or acting in the office designated under the Supreme Court Act 1935 , “Principal Registrar of the Supreme Court”;

        probate includes exemplification of probate and such other formal evidence of probate purporting to be under the seal of a court of competent jurisdiction, as in the opinion of the Court is sufficient;

        Public Trustee means the Public Trustee under the Public Trustee Act 1941 ;

        real estate extends to messuages, lands, rents and hereditaments of freehold or any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein;

        registrar means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935 , “registrar of the Supreme Court”, and a reference to a registrar may include a reference to the Principal Registrar or a deputy registrar;

        will extends to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power and also to a disposition by will and testament, or devise of the custody and tuition of any child by virtue of the Imperial Act Twelfth Charles the Second, Chapter 24, and to any other testamentary disposition.

        [Section 3 amended: No. 62 of 1955 s. 2; No. 67 of 1979 s. 42; No. 72 of 1984 s. 3.]



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