Testator's Family Maintenance Act 1912 (Tas)

Testator's Family Maintenance Act 1912

An Act to assure to the family of a deceased person a certain interest in the estate of the deceased person [Royal Assent 6 December 1912]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Testator's Family Maintenance Act 1912 .

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. (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . .