(1) In this Act, unless the context or subject matter otherwise indicates or
requires--
"Administrator" includes the NSW Trustee and any other person to whom
administration as hereinafter defined is granted.
"Administration" includes all letters of administration of the real and
personal estate and effects of deceased persons whether with or without the
will annexed, and whether granted for general, special, or limited purposes,
also exemplification of letters of administration or such other formal
evidence of the letters of administration purporting to be under the seal of a
Court of competent jurisdiction as is in the opinion of the Court deemed
sufficient.
"The Court" means the Supreme Court of New South Wales.
"Minor" means a person under the age of eighteen years.
"Probate" includes "exemplification of probate" or any other formal document
purporting to be under the seal of a court of competent jurisdiction which, in
the opinion of the Court, is deemed sufficient.
"Will" extends to a testament and to a codicil and to any 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
twenty-four , and to any other testamentary disposition.
"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, and in part 2 includes lands held
under building leases or any lease for twenty-one years and upwards.
"Personal estate" , except in part 2 as hereinbefore mentioned, extends to
leasehold estates and other chattels real, and also to moneys, shares of
government and other funds, securities for money (not being real estates),
debts, choses in action, rights, credits, goods, and all other property
whatsoever, which, prior to the coming into operation of the Real Estates of
Intestates Distribution Act of 1862 , commonly known as "Dr. Lang's Act," by
law devolved upon the executor or administrator, and to any share or interest
therein.
"Seal of the Court" means seal of the Court as provided for by the Rules.
"Trustee company" means a licensed trustee company within the meaning of
Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an
Act of New South Wales to act as trustee.
(2) Notes in this Act do not form
part of this Act.
