1Administration and Probate (Deposit of Wills) (Fees) Regulations 2016

Version No. 001 **Administration and Probate (Deposit of Wills) (Fees) Regulations 2016** **S.R. No. 83/2016** Version as at 6 July 2016 **TABLE OF PROVISIONS** *Regulation Page* 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Fees under Division 1A of Part I of the Administration and Probate Act 1958 1 ═══════════════ Endnotes 3 1 General information 3 2 Table of Amendments 5 3 Amendments Not in Operation 6 4 Explanatory details 7 **Version No.** **001** **Administration and Probate (Deposit of Wills) (Fees) Regulations 2016** **S.R. No. 83/2016** Version as at 6 July 2016 1 Objective The 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**. 2 Authorising provision These Regulations are made under section 5B of the **Administration and Probate Act 1958**. 3 Commencement These Regulations come into operation on 6 July 2016. 4 Revocation The Administration and Probate (Deposit of Wills) (Fees) Regulations 2006[[1]](#endnote-1) are **revoked**. 5 Fees under Division 1A of Part I of the Administration and Probate Act 1958 (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. **Note** Section 5A(3) of the **Administration and Probate Act 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. (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. ═══════════════ Endnotes 1 General information See [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. The 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. The 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**). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes 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. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 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. This 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. See section 36(1A)(2A)(2B). • Examples, diagrams or notes All 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). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 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. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "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. • Other material Any 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). 2 Table of Amendments There are no amendments made to the Administration and Probate (Deposit of Wills) (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts. 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details 1. Reg. 4: S.R. No. 90/2006. —— **Fee Units** These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. 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. 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. 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)