{"id":"sr:administration-and-probate-deposit-wills-fees-regulations-2016","name":"Administration and Probate (Deposit of Wills) (Fees) Regulations 2016","slug":"administration-and-probate-deposit-of-wills-fees-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184069,"registerId":"vic-sr:administration-and-probate-deposit-wills-fees-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Administration and Probate (Deposit of Wills) (Fees) Regulations 2016","content":"Version No. 001\n\n**Administration and Probate (Deposit of Wills) (Fees) Regulations 2016**\n\n**S.R. No. 83/2016**\n\nVersion as at  \n6 July 2016\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Fees under Division 1A of Part I of the Administration and Probate Act 1958 1\n\n═══════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Administration and Probate (Deposit of Wills) (Fees) Regulations 2016**\n\n**S.R. No. 83/2016**\n\nVersion as at  \n6 July 2016\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe fees payable to the registrar of probates under Division 1A of Part I of the **Administration and Probate Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 5B of the **Administration and Probate Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 6 July 2016.\n\n\t4 Revocation\n\nThe Administration and Probate (Deposit of Wills) (Fees) Regulations 2006[[1]](#endnote-1) are **revoked**.\n\n\t5 Fees under Division 1A of Part I of the Administration and Probate Act 1958\n\n(1) For the purpose of section 5A(2) of the **Administration and Probate Act 1958**, the prescribed fee payable for depositing a will with the registrar is 1·6 fee units.\n\n**Note**\n\nSection 5A(3) of the **Administration and Probate  \nAct 1958** provides that no fee is payable in respect of any will deposited with the registrar if the deposit is made because a legal practitioner has died, or has ceased, or is about to cease, practising in Victoria.\n\n(2) For the purpose of section 5C(1) of the **Administration and Probate Act 1958**, the prescribed fee payable for delivery of a deposited will by the registrar is 2·7 fee units.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Administration and Probate (Deposit of Wills) (Fees) Regulations 2016, S.R. No. 83/2016 were made on 5 July 2016 by the Governor in Council under section 5B of the **Administration and Probate Act 1958**, No. 6191/1958 and came into operation on 6 July 2016: regulation 3.\n\nThe Administration and Probate (Deposit of Wills) (Fees) Regulations 2016 will sunset 10 years after the day of making on 5 July 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Administration and Probate (Deposit of Wills) (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 90/2006.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to remain consistent with its original intent — to prescribe fees for the deposit of wills under the Administration and Probate Act. There is no indication of scope creep or expansion beyond this narrow purpose."},"complexity_factors":["Narrow, single-purpose regulation dealing only with fees","Subordinate legislation (sits under a parent Act), meaning full understanding requires reading the Administration and Probate Act","Source document appears incomplete or poorly formatted, preventing full analysis of specific fee amounts","Fee regulations can change over time via versioning, requiring users to confirm they have the current version"],"plain_english_summary":"## Administration and Probate (Deposit of Wills) (Fees) Regulations 2016\n\nThis Victorian regulation sets out the **fees charged** when a person deposits their will (their legal document stating how they want their assets distributed after death) with the court or a public authority for safekeeping.\n\n**Who does this affect?**\n- Anyone in Victoria who wants to lodge their will with an official body for secure storage\n- Executors or legal representatives dealing with wills\n\n**Why does it matter?**\nIf you choose to deposit your will with an official registry (rather than keeping it at home or with your lawyer), this regulation tells you what fee you'll need to pay for that service.\n\n**Note:** The actual fee amounts cannot be confirmed from the text provided, as the document appears to be incomplete or corrupted in its source formatting."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: setting fees for will deposit and retrieval services. The 2016 version simply updates the fee amounts from the 2006 regulations without expanding the scope."},"complexity_factors":["Only 5 regulations total, with minimal text","No defined terms section — relies on external definitions from the Monetary Units Act 2004 and Administration and Probate Act 1958","Simple fee structure: two flat rates (1.6 and 2.7 fee units) with one explicit exemption","No nested conditions or cross-references beyond the basic authorising provision","Straightforward revocation of previous regulations (single predecessor instrument)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the fees for two specific services related to wills in Victoria:\n\n*   **Depositing a will:** It costs **1.6 fee units** to lodge (deposit) a will with the registrar of probates for safekeeping.\n*   **Retrieving a will:** It costs **2.7 fee units** to get a deposited will back from the registrar.\n\n**Who it affects:**\n\n*   People who want to deposit their will with the Victorian registrar of probates for safekeeping.\n*   People who need to retrieve a will that has been deposited.\n*   Legal practitioners (lawyers) — though there's an important exception for them (see below).\n\n**Why it matters:**\n\nThis provides a secure, official way to store important legal documents (wills) and ensures there's a clear, consistent fee structure for doing so. It replaced an older set of regulations from 2006.\n\n**Key exception:**\nNo fee is charged if a will is being deposited because a lawyer has died, stopped practising, or is about to stop practising in Victoria. This protects clients whose legal representation has unexpectedly ended."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016","history":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016/history","analysis":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016/analysis","conflicts":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016/conflicts","importantCases":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016/important-cases","documents":"/api/acts/administration-and-probate-deposit-of-wills-fees-regulations-2016/documents"}}