71Aid of registrar or clerk in procuring grant of probate etc.

71 Aid of registrar or clerk in procuring grant of probate etc.

S. 71(1) substituted by No. 7168
s. 2(a), amended by Nos 8181 s. 2(1)(Sch. item 4),
9041 s. 6, 57/1989
s. 3(Sch. item 4.6), 10/1994
s. 12(a)(i)(ii)(b), 27/2001 s. 3(Sch. 1 item 1.12), 10/2005 s. 3(Sch. 1 item 1.1), substituted by No. 80/2014 s. 18(1).

(1) If a person dies leaving property not exceeding the maximum monetary value, a person who is entitled to probate of the will or to letters of administration of the deceased's estate may apply for aid, in procuring the grant of probate or letters of administration—

(a) to the registrar of probates; or

(b) to a registrar of the Magistrates' Court whose office is nearest to the fixed place of abode of the applicant at the time of the making of the application.

S. 71(1A) inserted by No. 80/2014 s. 18(1).

(1A) For the purposes of subsection (1), the maximum monetary value is the greater of—

(a) $100 000; or

(b) if an amount is calculated in accordance with subsection (1B), that amount.

S. 71(1B) inserted by No. 80/2014 s. 18(1).

(1B) From 1 July 2015 and for each subsequent financial year, the maximum monetary value must be varied in accordance with the following formula—

(a) $100 000; or

(b) if an amount has been calculated in accordance with this formula and that amount is greater than $100 000, the amount as last calculated;

B is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;

C is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

S. 71(1C) inserted by No. 80/2014 s. 18(1).

(1C) If a maximum monetary value has been calculated under subsection (1B) and—

(a) the maximum monetary value is reduced, the reduced amount does not take effect, except for the purpose of the application of the formula under this section in the following year; or

(b) if, in the next or subsequent financial year the maximum monetary value is increased following a reduction referred to in paragraph (a), that amount has effect as an increase only to the extent (if any) that—