s.2Definitions
2
Section 2Part 0 —

Definitions

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In this Act — “administrative expenses” do not, for the purpose of calculating any commission payable to a personal representative under section 6, include such commission; “British court in a foreign country” means any British court having jurisdiction out of Her Majesty’s dominions in pursuance of an Order in Council, whether made under any Act or otherwise; “child” or “issue” includes an individual — (a) who is the offspring of a party, or both parties, to a civil partnership; or (b) who has been treated by a party, or both parties, to a civil partnership as a child or issue of the family, including a stepchild, an adopted or foster child or a child born to parents who were not in a civil partnership; “civil partner” has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020]; “civil partnership” has the meaning assigned by section 2 of the Civil Partnership Act, 2020 [Law 35 of 2020]; “Court” means the Grand Court and includes a judge of that Court; “Court of Probate” means any court or authority, by whatever name designated, having jurisdiction in matters of probate; “Her Majesty’s dominions” includes any British Protectorate or protected state and any territory in respect of which a mandate on behalf of the United Nations has been accepted by Her Majesty; “intestate” includes a person who leaves a will but dies intestate as to some beneficial interest in that person’s real or personal estate; “land” includes all hereditaments corporeal and incorporeal; “net value” in relation to a deceased estate means, in respect of a person dying wholly intestate, the value of the residuary estate and, in respect of any other deceased person, an amount equivalent to what would have been the residuary estate had such person died intestate less all pecuniary legacies and all specific devices and bequests as valued for the purpose of the winding up of such estate; “next-of-kin”, in relation to a person, includes the person’s civil partner; “parent” includes a person who is a parent of a child or issue by virtue of a civil partnership; “personal chattels” means vehicles, animals and accessories (not kept or used for business purposes), garden tools and furniture, plate, 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 nor securities for money; “personal representative” means an executor or administrator who has obtained probate or letters of administration; “prescribed” means prescribed by any rule or by this Act; “probate” and “letters of administration” include confirmation in Scotland, and any instrument having in any part of Her Majesty’s dominions or in any foreign country the same effect which under English law is given to probate and letters of administration respectively; “recorded” means recorded in the public records of the Islands; “registered land” means land registered under the Registered Land Act (2018 Revision) or any other law under which land may officially be registered; “residuary estate” with respect to an intestate means every beneficial interest (including rights of entry or in reversion) of the intestate in real and personal estate after payment of all funeral and administration expenses, debts and other liabilities as are properly payable thereout, which (otherwise than in right of a power of appointment) the intestate could, if of full age and capacity, have disposed of by will; “relative”, in relation to a person, includes the person’s civil partner; and “rules” mean Rules of Court.

Defined Terms

administrative expensesBritish court in a foreign countrychildissuecivil partnercivil partnershipCourtCourt of ProbateHer Majesty’s dominionsintestatelandnet valuenext-of-kinparentpersonal chattelspersonal representativeprescribedprobateletters of administrationrecordedregistered landresiduary estaterelativerules

Cross References

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