Tasmanian Consolidated Acts

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TESTATOR'S FAMILY MAINTENANCE ACT 1912 - REG 2

Interpretation
(1)  In this Act –
adopted child
(a) in the case of a child that is adopted in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law relating to the adoption of children; or
(b) in the case of a child that is adopted elsewhere than in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law of the State, Territory, or country where the adoption takes place, as in force at the date of the adoption;
child includes –
(a) an adopted child; and
(b) a stepchild; and
(c) a surrogate child;
Court means the Supreme Court;
spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;
stepchild means, in relation to a person –
(a) a child of that person's spouse; and
(b) a child whose natural parent was the spouse of that person at the time of the natural parent's death;
surrogate child means, in relation to another person, a person (whether or not the person has attained the age of 18 years) –
(a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and
(b) who has not ceased to be a child of the other person under that Act or law;
will includes a codicil and a nomination made in accordance with the rules of a society within the meaning of the Friendly Societies (Tasmania) Code.
(2)  For the avoidance of doubt, the definition of stepchild , as substituted by the Justice and Related Legislation (Miscellaneous Amendments) Act 2015 , does not apply in respect of a claim against the estate of a person whose death occurred before the commencement of that Act.
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