Victorian Current Acts

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S. 5(1) amended by No. 41/2017 s. 5(1).

    (1)     In this Part and Part IA unless inconsistent with the context or subject-matter—

"administration" means with reference to the estate of a deceased person letters of administration whether general special or limited or with the will annexed or otherwise;

"administrator" means a person to whom administration is granted;

"conveyance" includes a mortgage lease assent vesting declaration disclaimer release and every other assurance of property or of an interest therein by any instrument except a will and "convey" has a corresponding meaning and "disposition" includes a conveyance also a devise bequest and an appointment of property contained in a will and dispose of has a corresponding meaning;

"estate" means real and personal estate;

"grant" means a grant of probate or administration;

"income" includes rents and profits;

S. 5(1) def. of intestate repealed by No. 41/2017 s. 5(2).

    *     *     *     *     *

S. 5(1) def. of licensed trustee company inserted by No. 17/2010 s. 17(a).

"licensed trustee company" has the same meaning as in section 601RAA of the Corporations Act;

S. 5(1) def. of lunatic repealed by No. 59/1986
s. 143(2).

    *     *     *     *     *

S. 5(1) def. of pecuniary legacy substituted by No. 80/2014
s. 10.

"pecuniary legacy" means a gift of a sum of money in a will and includes—

        (a)     an annuity; and


X's will gives $1000 to A every year for the next 10 years.

        (b)     a general legacy which is a gift by will payable out of the deceased's general estate and not attached to a specific asset or fund belonging to the deceased; and


X's will gives $1000 to A.

        (c)     a demonstrative legacy which is a gift by will directed to be paid out of a specific fund or a particular part of the deceased's estate, to the extent that it cannot be paid out of the specific property on which it is charged; and


X's will gives $10 000 to A from X's bank account at the Bank of Y and provides that if this bank account is inadequate to satisfy the legacy or does not exist at the time of X's death, then $10 000 may be paid to A out of X's general estate.

        (d)     any other general direction by a testator for the payment of an amount, including all duties relating to the estate or property;


A general direction includes if a legacy is directed to be paid free of all duties, the payment of any duties to which the legacy is subject.

"personal chattels" means carriages horses stable furniture and effects (not used for business purposes) motor cars and accessories (not used for business purposes) garden effects domestic animals plate plated articles linen china glass books pictures prints furniture jewellery articles of household or personal use or ornament musical and scientific instruments and apparatus wines liquors and consumable stores but does not include any chattels used at the death of the intestate for business purposes nor money or securities for money;

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

"possession" includes the receipt of rents and profits or the right to receive the same (if any);

"probate" means the probate of a will;

"property" includes a thing in action and any interest in real or personal property;

"purchaser" means a lessee mortgagee or other person who in good faith acquires an interest in property for valuable consideration also an intending purchaser and valuable consideration includes marriage but does not include a nominal consideration in money;

"representation" (except in section fifty-two) means the probate of a will and administration;

"rent" includes a rent service or a rent charge or other rent toll duty or annual or periodical payment in money or money's worth issuing out of or charged upon land but does not include mortgage interest as such; and rent charge includes a fee farm rent;

"securities" includes stocks funds or shares;

S. 5(1) def. of State Trustees inserted by No. 17/2010 s. 17(a).

"State Trustees "has the same meaning as in the State Trustees (State Owned Company) Act 1994 ;

S. 5(1) def. of trustee company amended by No. 10168 s. 3, substituted by No. 17/2010 s. 17(b).

"trustee company" means—

        (a)     a licensed trustee company; or

        (b)     State Trustees;

"trust for sale" in relation to land means an immediate binding trust for sale whether or not exercisable at the request or with the consent of any person and with or without a power at discretion to postpone the sale; and "power to postpone a sale" means power to postpone in the exercise of a discretion;

will includes codicil and every other testamentary instrument.

    (2)     References to a child or issue living at the death of any person include a child or issue en ventre sa mere at the death.

    (3)     References to the estate of a deceased person include property over which the deceased exercises a general power of appointment (including the statutory power to dispose of entailed interests) by his will.

Pt 1 Div. 1A (Heading and ss 5A5C) inserted by No. 10/1994
s. 5 (as amended by No. 9/1995
s. 12).

Division 1A—Deposit of wills with registrar

S. 5A
inserted by No. 10/1994
s. 5.

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