1Supreme Court (Administration and Probate) Rules 2023

Version No. 002 **Supreme Court (Administration and Probate) Rules 2023** **S.R. No. 125/2023** Version incorporating amendments as at 11 November 2024 **TABLE OF PROVISIONS** *Rule Page* Order 1—Preliminary 1 1.01 Title and object 1 1.02 Authorising provisions 1 1.03 Commencement, revocation and savings 1 1.04 Definitions 2 1.05 Chapter I of Rules and general practice to apply 3 1.06 Jurisdiction of Associate Judge 3 1.07 Reference by Judge of the Court to Associate Judge 4 1.07.1 Reference to judicial registrar 5 1.08 Documents 5 1.09 Searching by non-parties 5 1.10 Confidentiality and privacy 6 1.11 Extension and abridgement 6 Order 1A—Electronic filing in RedCrest‑Probate 7 1A.01 Application of this Order 7 1A.02 Definitions 7 1A.03 How and when a document is filed in RedCrest‑Probate 7 1A.04 Powers of Registrar 9 Order 2—Application for probate 11 2.01 Application of this Order 11 2.02 Process 11 2.02.1 Original will or other document to be filed in the office of the Registrar 11 2.03 Notice of intention to apply 12 2.04 Application supported by affidavit 13 2.06 Affidavit of due execution 16 2.07 Will wholly or partly inoperative 16 2.08 Will not executed according to Wills Act 17 2.09 Registrar's powers 18 Order 3—Application for administration with will annexed 19 3.01 Application of this Order 19 3.02 Form of application 19 3.02.1 Notice of intention to apply—application for administration with the will annexed 19 3.03 Original will or other document to be filed in the office of the Registrar 21 Order 4—Application for administration upon intestacy 22 4.01 Application of this Order 22 4.02 Process 22 4.03 Notice of intention to apply 22 4.04 Application supported by affidavit 23 4.06 Application by creditor 27 Order 5—Special forms of application 28 5.01 Grant during minority 28 5.02 Peculiar circumstances 28 5.03 Deceased citizens of U.S.A. 29 5.04 Advertisement of intention to apply for seal of Court on foreign grant 29 5.06 Process 31 5.07 Original document to be filed in the office of the Registrar 32 Order 6—Rules for all applications for probate or administration 33 6.01 Joint representation 33 6.02 Delay 33 6.03 Account 33 6.04 Urgent cases 34 6.05 Beneficial interest of the Crown 34 6.06 Further affidavits 34 6.08 Authentication of orders 34 6.09 Substituted administrator to furnish guarantee 35 6.10 Discontinuance of application 35 6.11 Notice of intention to administer by State Trustees under section 79 of the Act 36 Order 7—Sureties 37 7.01 When required 37 7.02 Form of guarantee 38 7.03 Affidavit of justification 38 7.04 Leave to sue on guarantee 38 Order 8—Caveats 39 8.01 Caveat 39 8.02 Registrar to give notice of caveat 39 8.03 Expiry of caveat 39 8.04 Withdrawal of caveat 40 8.05 Fresh caveat 40 8.06 Grounds of caveator's objection 40 8.07 Summons for directions 42 8.08 Directions 42 Order 9—Costs 44 9.01 Basic charges 44 9.03 Other charges 44 Order 10—Commission to executors, administrators and trustees 45 10.01 Application of this Order 45 10.02 Process 45 10.03 Administration account to be filed 45 10.04 Consent to hearing without notice and acceptance of account 46 10.06 Directions 46 10.07 Objection to application 47 10.08 Right to be heard 48 10.09 Fixing of commission or percentage 48 10.10 Costs 48 10.11 Liberty to apply 48 Order 11—Revocation 49 11.01 Application of this Order 49 11.02 Process 49 Order 12—Rectification 50 12.01 Application of this Order 50 12.02 Process 50 Form 3–1A—General form of heading if no defendant 51 Form 3–1B—General form of heading if between parties 52 Form 3–6AA—Administration account 53 Form 3–7A—Surety's guarantee 55 Form 3–7B—Affidavit of justification 56 Form 3–8B—Notice of withdrawal of caveat 58 Form 3–10A—Summons 59 Form 3–10B—Affidavit in support of application for commission 60 Form 3–10C—Consent 63 Appendix 64 ═════════════ Endnotes 66 1 General information 66 2 Table of Amendments 68 3 Explanatory details 69 **Version No.** **002** **Supreme Court (Administration and Probate) Rules 2023** **S.R. No. 125/2023** Version incorporating amendments as at 11 November 2024 Order 1—Preliminary 1.01 Title and object (1) These Rules constitute Chapter III of the Rules of the Supreme Court and are entitled the Supreme Court (Administration and Probate) Rules 2023. (2) The object of these Rules is to re-make the Rules that constitute Chapter III of the Rules of the Supreme Court, regulating procedures in the Court in relation to administration and probate. 1.02 Authorising provisions These Rules are made under section 25 of the **Supreme Court Act 1986**, the **Administration and Probate Act 1958** and all other enabling powers. 1.03 Commencement, revocation and savings (1) These Rules come into operation on 1 March 2024. (2) The following Rules are **revoked**— (a) the Supreme Court (Administration and Probate) Rules 2014[[1]](#endnote-2); (b) the Supreme Court (Chapters II and III Miscellaneous Amendments) Rules 2019[[2]](#endnote-3); (c) the Supreme Court (Probate E-filing and Other Amendments) Rules 2019[[3]](#endnote-4); (d) the Supreme Court (Chapter III Emergency Measures Amendment) Rules 2020[[4]](#endnote-5). (3) These Rules apply to any application in the Court made on or after 1 March 2024. (4) Subject to Rule 2.07, Chapter III of the Rules of the Supreme Court as in force immediately before the commencement of these Rules continues to apply to an application in the Court commenced before 1 March 2024 as if these Rules had not been made. 1.04 Definitions (1) In these Rules— Rule 1.04(1) def. of *Court's website* revoked by S.R. No. 79/2024 rule 4. * * * * * ***grant of representation*** means an order granting probate or administration; ***RedCrest-Probate*** means the electronic filing system in operation in the Court from time to time in relation to administration and probate to which this Chapter applies; ***Registrar*** has the same meaning as "registrar" has in section 3(1) of the Act; ***the Act*** means the **Administration and** **Probate Act 1958**. (2) The words and expressions defined in section 3 and Part I of the Act have the same meaning in these Rules as they have in that section and that Part. (3) Despite the amendment of the definition of ***grant of representation*** on 15 April 2020, that definition as in force immediately before 15 April 2020 continues to apply in respect of any grant issued before 15 April 2020. **Note** 15 April 2020 is the commencement date of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019 which amended the definition of ***grant of representation*** to take account of electronic filing. 1.05 Chapter I of Rules and general practice to apply Chapter I of the Rules of the Supreme Court for the time being in force and the general practice of the Court apply in relation to a proceeding to which these Rules apply so far as practicable except so far as is otherwise provided by these Rules or any Act. 1.06 Jurisdiction of Associate Judge (1) Except where otherwise provided by these Rules, an Associate Judge, in addition to exercising the powers and authorities conferred on an Associate Judge by any other provision of these Rules or by any Act, in any proceeding to which these Rules apply, may give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court. (2) Subject to paragraph (3) and these Rules— (a) the trial of a proceeding shall not be held before an Associate Judge; and (b) an Associate Judge shall not give any judgment or make any order at the trial of a proceeding. (3) Except as provided by paragraph (4), an Associate Judge may— (a) at the trial of a proceeding give judgment or make an order by consent of all parties; (b) hear and determine a trial of an undefended civil proceeding. (4) An Associate Judge shall not have authority to hear and determine any application which by these Rules or any Act is required to be heard only by a Judge of the Court. (5) This Rule has effect as if it contained, modified as necessary, Rules 77.03, 77.04, 77.05 and 77.08 of Chapter I. 1.07 Reference by Judge of the Court to Associate Judge (1) If a matter before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, is a matter to which these Rules apply and it appears to the Judge to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge. (2) If a Judge of the Court refers a matter to an Associate Judge, the Associate Judge may— (a) hear and determine the matter, subject to any directions in the order referring the matter; or (b) refer the matter back to the Judge of the Court for hearing and determination. (3) In hearing and determining a matter referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter. 1.07.1 Reference to judicial registrar For the avoidance of doubt, a matter to which these Rules apply may be referred to a judicial registrar by a Judge or an Associate Judge in accordance with Rule 84.03 or Rule 84.04 of Chapter I, as the case requires. 1.08 Documents (1) All documents to be filed under these Rules shall be filed in the office of the Registrar in accordance with Order 1A, unless the Court otherwise orders or the Registrar otherwise requires. (2) All certified copies of grants and of documents on the file and all exemplifications shall be made in the office of the Registrar. (2.1) The Registrar shall only issue an exemplification— (a) where it is required for the purpose of being resealed in another jurisdiction; (b) if the Court orders an exemplification be issued; or (c) if the Registrar otherwise considers it appropriate to do so. (3) A document in a proceeding to which these Rules apply shall contain a heading in Form 3–1A or 3–1B, unless circumstances otherwise require. 1.09 Searching by non-parties A document in a proceeding to which these Rules relate is not available or open for inspection by a person who is not a party to the proceeding until after the grant of representation is made unless— (a) these Rules otherwise provide; (b) the Court otherwise orders; or (c) the Registrar otherwise directs. 1.10 Confidentiality and privacy The Court may make any order it thinks fit or the Registrar may make any direction the Registrar thinks fit as to confidentiality and privacy in relation to the filing of documents in accordance with these Rules, in RedCrest-Probate or otherwise, including ordering or directing that particular documents or classes of documents be filed in a redacted form. 1.11 Extension and abridgement (1) The Court or the Registrar may extend or abridge any time fixed by or under these Rules. (2) This Rule does not apply to Rule 8.03. Order 1A—Electronic filing in RedCrest‑Probate 1A.01 Application of this Order (1) This Order applies to the filing of a document in any proceeding to which these Rules apply other than— (a) an original will; or (b) a grant of representation, an exemplification or an order from another jurisdiction which is to be resealed or proved in Victoria. (2) Subject to this Order, Rule 1.08(1) or any other provision in these Rules to the contrary, this Order applies to any document in any proceeding to which these Rules apply whether commenced before, on or after 15 April 2020. **Note** 15 April 2020 is the commencement date of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019 which introduced Order 1A. 1A.02 Definitions In this Order— ***authorised person*** means a person who has been issued with a username and password to access RedCrest-Probate by the Registrar or otherwise provided with access to RedCrest‑Probate; ***seal*** means seal with the seal of the Court. 1A.03 How and when a document is filed in RedCrest‑Probate (1) Subject to paragraph (2), a document to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest‑Probate— (a) in the case of an originating motion— (i) by completing the electronic form of originating motion in RedCrest‑Probate; or (ii) in any other form approved by the Registrar; (b) in the case of a caveat— (i) by completing the electronic form of caveat in RedCrest-Probate; or (ii) in any other form approved by the Registrar; (c) in the case of any other document— (i) in a pdf version; or (ii) in any other form approved by the Registrar. **Note** See also requirements in Orders 2 and 3. (2) The Court may order or the Registrar may direct that a document be filed in any manner that the Court or the Registrar considers appropriate. (3) A document is taken to be filed— (a) if it is submitted in RedCrest-Probate and— (i) accepted by being date and time stamped by the Registrar; or (ii) in the case of a document required to be sealed, sealed by the Registrar— when it was first submitted in RedCrest‑Probate for filing in accordance with paragraph (1); or (b) if, in accordance with paragraph (2), it is filed in accordance with a direction of the Court or the Registrar, when it is— (i) accepted by being date and time stamped by the Registrar; or (ii) in the case of a document required to be sealed, sealed by the Registrar. (4) Subject to Rules 1.09 and 1.10, a document filed in a proceeding to which this Order applies is not open for inspection until after the grant of representation is made, unless the Court or the Registrar so directs. 1A.04 Powers of Registrar (1) The Registrar may refuse to accept or seal a document submitted in RedCrest-Probate to be filed until satisfied that the document— (a) complies with the Rules; or (b) complies with an order of the Court. (2) The Registrar may reject a document if the Registrar considers that— (a) a document, if it were accepted or sealed, would be substantially irregular or constitute an abuse of process; or (b) there has been a failure to comply with the Rules, an order of the Court or a direction of the Registrar after a reasonable opportunity to do so. (3) If the Registrar— (a) refuses to accept or seal a document; or (b) rejects the document— the Registrar shall send an electronic communication to the authorised person advising— (c) that the document has not been accepted for filing; and (d) the reason it was not accepted for filing. (4) If the Registrar— (a) fails to accept or seal a document within a reasonable time; or (b) refuses to accept or seal a document; or (c) rejects a document— the Court may— (d) direct the Registrar to accept or seal the document with a filing date, being the date the document was first submitted in RedCrest-Probate for filing; (e) direct the Registrar to accept or seal the document with a filing date, being the date the document is so accepted or sealed; (f) make any other order or give any direction that it considers appropriate. (5) The Registrar may— (a) refuse to issue a person with a username and password; (b) cancel a username and password; (c) impose or vary conditions on the use of a username and password. (6) The Court may give any direction to the Registrar that it considers appropriate in relation to any case in which the Registrar exercises a power under paragraph (5). Order 2—Application for probate 2.01 Application of this Order This Order applies to an application for the grant of probate of a will of a deceased person. 2.02 Process (1) An application for the grant of probate of a will of a deceased person shall— (a) be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A; and (b) be entitled "In the matter of the deceased estate of [*name of deceased*]". (2) The applicant shall submit in RedCrest-Probate for filing— (a) a copy of the original will or other document for which the grant is sought; and (b) a copy of the notice of intention to apply for a grant of probate required by Rule 2.03 with the application referred to in paragraph (1). 2.02.1 Original will or other document to be filed in the office of the Registrar Where an application for a grant of probate is submitted in RedCrest-Probate for filing, the original will or other document for which the grant is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing. **Notes** 1 A pdf version, or any other form approved by the Registrar, is to be submitted in RedCrest-Probate for filing. Rule 2.04(2)(d)(i) requiring the original will or other document to be exhibited to the affidavit in support of an application still applies. 2 A document other than a will may be proved, for example, under section 9 of the **Wills Act 1997**. 2.03 Notice of intention to apply Rule 2.03(1) amended by S.R. No. 79/2024 rule 5(1)(a). (1) An application shall not be made unless, not less than 14 days before it is made, a notice of the applicant's intention to apply for a grant of probate has been duly posted on RedCrest-Probate. (2) The notice shall include— Rule 2.03(2)(a) amended by S.R. No. 79/2024 rule 5(1)(b). (a) the name and last known address of the deceased; Rule 2.03 (2)(ab) inserted by S.R. No. 79/2024 rule 5(2). (ab) any known aliases of the deceased; Rule 2.03 (2)(ac) inserted by S.R. No. 79/2024 rule 5(2). (ac) the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead; Rule 2.03(2)(b) amended by S.R. No. 79/2024 rule 5(1)(c). (b) the date of the will of the deceased and the date of any codicil to the will of the deceased; Rule 2.03(2)(c) amended by S.R. No. 79/2024 rule 5(1)(d). (c) the names of the persons identified in the will as the executors of the will, including who is applying and, if applicable, why any executor is not applying; Rule 2.03(2)(d) amended by S.R. No. 79/2024 rule 5(1)(e). (d) the name and the email address of— (i) the applicant; or (ii) if the application is to be made by a solicitor on the applicant's behalf or by a trustee company under the **Trustee Companies Act 1984**, the solicitor or the trustee company, as the case may be; Rule 2.03(2)(e) amended by S.R. No. 79/2024 rule 5(1)(f). (e) a statement that the applicant intends to apply for a grant of probate of that will. (3) If the Registrar is not satisfied that the notice is sufficient advertisement of the applicant's intention, the Registrar may require a further notice to be given, as the Registrar may direct. Rule 2.03(4) inserted by S.R. No. 79/2024 rule 5(3). (4) A notice posted in accordance with this Rule is valid for 3 years from the date it is posted. 2.04 Application supported by affidavit (1) The application shall be supported by an affidavit in accordance with this Rule. (2) An affidavit under this Rule— (a) shall be made by the applicant and, if the applicant is a corporation, by its secretary or other proper officer; and (b) shall state— (i) that the applicant (if a natural person) is aged 18 years or over; (ii) that the testator died leaving property in Victoria; (iii) the date of death of the testator; (iv) that the testator left a will and that that will is unrevoked; (v) the date of the will; (vi) whether at the date of execution of the will the testator was 18 years of age or over; (vii) if at the date of execution of the will the testator was less than 18 years of age, whether the applicant relies on section 6 or 20 of the **Wills Act 1997** and the acts, facts and circumstances to justify such reliance; (viii) whether the testator married after the date of the will; (ix) whether after the date of the will any marriage of the testator ended within the meaning of section 16A(2) of the **Wills Act 1958** or the testator was divorced within the meaning of section 14(4) of the **Wills Act 1997**; (x) the name and the place of residence of each proving executor and the name of each non‑proving executor; (xi) the name of each subscribing witness to the will and, if known, the place of residence of each witness; (xii) that no other application has been made by the applicant for a grant of representation in respect of the estate of the testator or details of any such application and its result; (c) shall contain an undertaking that if the applicant obtains probate— (i) the applicant will well and truly collect and administer the estate of the testator according to law and, if so required by the Court, deliver up the grant to the Court; and (ii) if the Court or the Registrar requires, the applicant will make and file, or cause to be made and filed, a true and just account of the administration of the estate; and (d) shall exhibit— (i) the original will or other document of which probate is sought or a certified copy of the original will or other document if the affidavit in support is witnessed by audio visual link; (ii) a certified copy of the death registration of the testator given by the Registrar of Births, Deaths and Marriages or an equivalent certificate, satisfactory to the Registrar, given or issued by a competent authority or person; and (iii) so far as the Registrar requires, an inventory of assets of the estate of the testator in Victoria and elsewhere setting out the gross value of all known assets distinguishing between real and personal property and a statement of the known liabilities of the testator as at the date of death. (3) An applicant may comply with paragraph (2)(d)(ii) by exhibiting to the affidavit a photocopy of a certified copy of the death registration or its equivalent. (4) An applicant unable to comply with paragraph (2)(d)(ii) may submit other evidence of the death of the testator to justify an inference or a presumption of death. (5) All exhibits to the affidavit shall be filed with the affidavit. * * * * * **Note** There is no Rule 2.05. 2.06 Affidavit of due execution The application shall also be supported by an affidavit of due execution in the following cases— (a) where the will was executed by a testator affixing the testator's mark to the will; (b) where the will contains no attestation clause or the attestation clause is insufficient to afford evidence of due execution; (c) where the will bears no date of execution or there is doubt as to the date of execution; (d) where the will was or appears to have been executed by a blind or illiterate person or by another person at the direction of the testator; (e) where the will has been executed in accordance with the remote execution procedure within the meaning of the **Wills Act 1997**; (f) in any other case in which it is required by the Registrar. 2.07 Will wholly or partly inoperative If it appears that the will the subject of the application is wholly or partly inoperative or does not dispose of the whole of the estate of the testator, the Registrar may require the applicant to file an affidavit stating what relatives or next of kin, or domestic partner if any, survived the testator so far as known and so far as material in law to the right to administer or share in the testator's estate. 2.08 Will not executed according to Wills Act (1) This Rule applies to an application that the Court admit to probate as the will of a deceased person— (a) a document which has not been executed in the manner in which a will is required to be executed by the **Wills Act 1997**; or (b) a document an alteration to which has not been executed in the manner in which an alteration to a will is required to be executed by the **Wills Act 1997**. (2) Rules 2.03, 2.04, 2.06 and 2.07 apply to the application with any necessary modification. (3) In particular, a reference to a "will" in Rule 2.04(2) shall be taken to be a reference to a "document intended to be a will". (4) If probate is sought of a document not executed in the manner in which a will is required to be executed by the **Wills Act 1997**, the affidavit supporting the application shall also state the acts, facts, matters and circumstances relied on to satisfy the Court that the deceased intended the document of which probate is being sought to be the deceased's will. (5) If probate is sought of a document an alteration to which was not executed in the manner in which an alteration to a will is required to be executed by the **Wills Act 1997**, the affidavit supporting the application shall also state the acts, facts, matters and circumstances relied on to satisfy the Court that the deceased intended the document, so altered, to be the deceased's will. 2.09 Registrar's powers The Registrar may exercise the powers of the Court under section 9 of the **Wills Act 1997** if satisfied by affidavit that— (a) all persons who would be affected by a decision under section 9 consent to those powers being exercised by the Registrar; or (b) if consent is not given—the deceased person died leaving property not exceeding $3 000 000 in value. Order 3—Application for administration with will annexed 3.01 Application of this Order This Order applies to an application for a grant of administration with the will annexed of the estate of a deceased person. 3.02 Form of application (1) An application under this Order shall— (a) be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A; (b) be entitled "In the matter of the deceased estate of [*name of deceased*]"; and (c) otherwise be made as nearly as possible in the same manner as an application for probate of a will under Order 2 and that Order shall apply to such an application with any necessary modification. (2) An applicant pursuant to this Order shall state in the applicant's affidavit— (a) whether the persons entitled to share in the estate are aged 18 years or over and are capable of managing their own affairs; and (b) such facts as establish the applicant's right to have the administration. Rule 3.02.1 inserted by S.R. No. 79/2024 rule 6. 3.02.1 Notice of intention to apply—application for administration with the will annexed (1) An application under Rule 3.02 shall not be made unless, not less than 14 days before it is made, a notice of the applicant's intention to apply for a grant of administration with the will annexed has been duly posted on RedCrest-Probate. (2) The notice shall include— (a) the name and last known address of the deceased; (b) any known aliases of the deceased; (c) the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead; (d) the date of the will of the deceased and the date of any codicil to the will of the deceased; (e) the name of any persons identified in the will as the executors of the will, and, if applicable, why any executor is not applying; (f) the name of any person who is applying and the standing of that person to apply; (g) the name and the email address of— (i) the applicant; or (ii) if the application is to be made by a solicitor on the applicant's behalf or by a trustee company under the **Trustee Companies Act 1984**, the solicitor or the trustee company, as the case may be; (h) a statement that the applicant intends to apply for a grant of administration with the will annexed of the estate of the deceased. (3) If the Registrar is not satisfied that the notice is sufficient advertisement of the applicant's intention, the Registrar may require a further notice to be given, as the Registrar may direct. (4) A notice posted in accordance with this Rule is valid for 3 years from the date it is posted. 3.03 Original will or other document to be filed in the office of the Registrar Where an application for a grant of administration with the will annexed is submitted in RedCrest‑Probate for filing, the original will or other document for which the grant is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing. **Notes** 1 A pdf version, or any other form approved by the Registrar, is to be submitted in RedCrest-Probate for filing. Rule 2.04(2)(d)(i) requiring the original will or other document to be exhibited to the affidavit in support of an application still applies. 2 A document other than a will may be proved, for example, under section 9 of the **Wills Act 1997**. Order 4—Application for administration upon intestacy 4.01 Application of this Order This Order applies to an application for a grant of administration of the estate of a deceased person upon intestacy. 4.02 Process (1) An application shall— (a) be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A; and (b) be entitled "In the matter of the deceased estate of [*name of deceased*]". (2) The applicant shall submit in RedCrest-Probate for filing a copy of the notice of intention to apply for a grant of administration required by Rule 4.03 with the application referred to in paragraph (1). 4.03 Notice of intention to apply Rule 4.03(1) amended by S.R. No. 79/2024 rule 7(1)(a). (1) An application shall not be made unless, not less than 14 days before it is made, a notice of the applicant's intention to apply for a grant of administration of the estate of a deceased person upon intestacy has been duly posted on RedCrest‑Probate. (2) The notice shall include— Rule 4.03(2)(a) amended by S.R. No. 79/2024 rule 7(1)(b). (a) the name and last known address of the deceased; Rule 4.03 (2)(ab) inserted by S.R. No. 79/2024 rule 7(2). (ab) any known aliases of the deceased; Rule 4.03 (2)(ac) inserted by S.R. No. 79/2024 rule 7(2). (ac) the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead; (b) the name of any person who will apply to the Court for a grant of administration of the estate of the deceased upon intestacy; Rule 4.03(2)(c) amended by S.R. No. 79/2024 rule 7(1)(c). (c) the relationship of the person referred to in paragraph (b) to the deceased and the standing of that person to apply; Rule 4.03(2)(d) amended by S.R. No. 79/2024 rule 7(1)(d). (d) the name and the email address of— (i) the applicant; or (ii) if the application is to be made by a solicitor on the applicant's behalf or by a trustee company under the **Trustee Companies Act 1984**, the solicitor or the trustee company, as the case may be; Rule 4.03(2)(e) amended by S.R. No. 79/2024 rule 7(1)(e). (e) a statement that the applicant intends to apply for a grant of administration of that estate. (3) If the Registrar is not satisfied that the notice is sufficient advertisement of the applicant's intention, the Registrar may require a further notice to be given as the Registrar may direct. Rule 4.03(4) inserted by S.R. No. 79/2024 rule 7(3). (4) A notice posted in accordance with this Rule is valid for 3 years from the date it is posted. 4.04 Application supported by affidavit (1) The application shall be supported by an affidavit in accordance with this Rule. (2) An affidavit under this Rule— (a) shall be made by the applicant and, if the applicant is a corporation, by its secretary or other proper officer; (b) shall state— (i) that the applicant (if a natural person) is aged 18 years or over; (ii) that the deceased died intestate leaving property in Victoria; (iii) the date of death of the deceased; (iv) the marital status of the deceased; (v) if the deceased died on or after 8 November 2001 and before 1 December 2008, whether (having regard in particular to the matters referred to in section 275(2) of the **Property Law Act 1958** as in force at the date of death) the deceased left a domestic partner and, if so, the facts and circumstances relied on to establish that; **Note** Item 1 of Schedule 1 to the **Statute Law Amendment (Relationships) Act 2001** commenced on 8 November 2001 and amended the **Administration and Probate Act 1958** to include domestic partners. (vi) if the deceased died on or after 1 December 2008, whether the deceased left a domestic partner within the meaning of the **Relationships Act 2008** and, if so, the facts and circumstances relied on to establish that and whether the domestic partner was a registered domestic partner or an unregistered domestic partner within the meaning of the **Administration and Probate Act 1958**; (via) if the deceased died on or after 1 December 2009, whether the deceased left a caring partner within the meaning of the **Relationships Act 2008** and, if so, the facts and circumstances relied on to establish that and whether the caring partner was a registered caring partner within the meaning of the **Administration and Probate Act 1958**; (vii) what relatives or next of kin survived the deceased so far as known and so far as material in law to the right to share in the deceased's property; (viii) the name, address and occupation of every person entitled to administer the estate in priority to the applicant; (ix) such facts as establish the applicant's right to have the administration; (x) that the applicant has carefully enquired as to the existence of a will; (xi) that no other application has been made by the applicant for a grant of probate or administration in respect of the estate of the deceased person or details of each such other application and its result; (c) shall contain an undertaking that if the applicant obtains administration— (i) the applicant will well and truly collect and administer the estate of the deceased according to law and, if so required by the Court, deliver up the grant to the Court; and (ii) if the Court or the Registrar requires, the applicant will make and file, or cause to be made and filed, a true and just account of the administration of the estate; and (d) shall exhibit— (i) a certified copy of the death registration of the deceased given by the Registrar of Births, Deaths and Marriages or an equivalent certificate, satisfactory to the Registrar, given or issued by a competent authority or person; and (ii) so far as the Registrar requires, an inventory of assets of the estate of the deceased in Victoria and elsewhere setting out the gross value of all known assets distinguishing between real and personal property and a statement of the known liabilities of the deceased as at the date of death. (3) An applicant may comply with paragraph (2)(d)(i) by exhibiting to the affidavit a photocopy of a certified copy of the death registration or its equivalent. (4) An applicant unable to comply with paragraph (2)(d)(i) may submit other evidence of the death of the deceased to justify an inference or a presumption of death. (5) All exhibits to the affidavit shall be filed with the affidavit. * * * * * **Note** There is no Rule 4.05. 4.06 Application by creditor An application for administration by a creditor shall also be supported by an affidavit in which the applicant shall state— (a) that the applicant is a creditor of the deceased; (b) the amount of the debt due to the applicant from the deceased; (c) the particulars of the debt together with such evidence proving the debt as may be appropriate. Order 5—Special forms of application 5.01 Grant during minority (1) A grant of administration to a guardian (including a natural guardian) of a minor may be made for the use and benefit of the minor during minority subject to any limitations or conditions as the Court or the Registrar thinks fit. (2) A minor aged 12 years or over may elect a guardian and in other cases a guardian may be assigned by the Court or the Registrar. (3) The Registrar shall not assign a guardian unless satisfied by evidence on affidavit that the proposed guardian is ready and able to undertake the guardianship and— (a) that the proposed guardian is de facto next of kin of the minor; or (b) that the de facto next of kin of the minor consents to the assignment of the proposed guardian. (4) On application for administration by a guardian other than a natural guardian evidence of that guardian's election or assignment shall be produced. (5) If there are minors in a family both over and under the age of 12 years, an elected guardian may act for all the minors without special assignment. 5.02 Peculiar circumstances An application for a grant of representation under peculiar circumstances not expressly referred to in these Rules shall, with any necessary modification, be made on grounds and in circumstances and on materials that have been previously acted on by the Court. 5.03 Deceased citizens of U.S.A. (1) On an application to the Court for a grant of administration, if it appears that the deceased person— (a) was a citizen of the United States of America; and (b) died in Victoria without leaving any executor or known next of kin in Victoria— the applicant shall give notice of the application to the Chief Consular Officer of the United States of America in Victoria. (2) The Chief Consular Officer has the right to appear personally or by delegate in any proceeding relating to the application for a grant and to be heard in the interests of any next of kin or creditors who may be in the United States of America or be citizens of that country until they are otherwise represented. (3) This Rule gives effect to clause III of a Convention between the United Kingdom and the United States of America relative to the disposal of real and personal property signed at Washington on 2 March 1899 and acceded to by the Commonwealth on 3 April 1902. 5.04 Advertisement of intention to apply for seal of Court on foreign grant Rule 5.04(1) amended by S.R. No. 79/2024 rule 8(1)(a). (1) An advertisement under section 83 of the Act of intention to apply for the seal of the Court to be affixed to any probate, letters of administration, grant or order shall be made by duly posting the advertisement on RedCrest-Probate. (2) The advertisement shall include— Rule 5.04(2)(a) amended by S.R. No. 79/2024 rule 8(1)(b). (a) the name and last known address of the deceased; Rule 5.04 (2)(ab) inserted by S.R. No. 79/2024 rule 8(2). (ab) any known aliases of the deceased; Rule 5.04 (2)(ac) inserted by S.R. No. 79/2024 rule 8(2). (ac) the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead; (b) in the case of a will— Rule 5.04 (2)(b)(i) amended by S.R. No. 79/2024 rule 8(1)(c). (i) the date of the will of the deceased and the date of any codicil to the will of the deceased; and Rule 5.04 (2)(b)(ii) amended by S.R. No. 79/2024 rule 8(1)(d). (ii) the names of the persons identified in the will as the executors of the will, including who is applying and, if applicable, why any executor is not applying; (c) in the case of an intestacy— (i) the name of any person appointed by the letters of administration, grant or order to administer the estate of the deceased upon intestacy; and Rule 5.04 (2)(c)(ii) amended by S.R. No. 79/2024 rule 8(1)(e). (ii) the relationship of the person referred to in subparagraph (i) to the deceased and the standing of that person to apply; Rule 5.04(2)(d) amended by S.R. No. 79/2024 rule 8(1)(f). (d) the name and the email address of— (i) the applicant; or (ii) if the application is to be made on the applicant's behalf by another person (such as a person authorized by power of attorney or a legal practitioner), that person; (e) the date of the probate, letters of administration, grant or order the subject of the application, and the name of the court from which the probate, letters of administration, grant or order the subject of the application was obtained; Rule 5.04(2)(f) amended by S.R. No. 79/2024 rule 8(1)(g). (f) a statement that the applicant intends to apply for the seal of the Court to be affixed to the probate, letters of administration, grant or order the subject of the application. (3) If the Registrar is not satisfied that the advertisement is sufficient advertisement of the applicant's intention, the Registrar may require a further advertisement to be posted, as the Registrar may direct. Rule 5.04(4) inserted by S.R. No. 79/2024 rule 8(3). (4) A notice posted in accordance with this Rule is valid for 3 years from the date it is posted. * * * * * **Note** There is no Rule 5.05. 5.06 Process (1) An application for a grant under this Order shall be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A. (2) The applicant shall submit in RedCrest-Probate for filing— (a) a copy of the document for which the grant is sought; and (b) a copy of the advertisement or notice of intention to apply required by Rule 5.04 with the application referred to in paragraph (1). 5.07 Original document to be filed in the office of the Registrar Where an application for the resealing of a grant of representation is submitted in RedCrest-Probate for filing, the original document for which the resealing is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing. Order 6—Rules for all applications for probate or administration 6.01 Joint representation A grant of representation may be made to two or more persons jointly. 6.02 Delay If more than 3 years after the date of death of the deceased— (a) an application for a grant of representation is made for the first time; or (b) an application for administration of the unadministered estate of a deceased person is made— the delay in making application shall be explained by affidavit. 6.03 Account (1) The Court or the Registrar, at any time, may require an executor or administrator to file a true and just account in Form 3–6AA of the administration of the estate, verified by affidavit. (2) The account shall contain— (a) full particulars of receipts, disbursements, all assets and liabilities (including assets and liabilities not known at the date of the application for probate or administration); and (b) particulars of distribution of all assets. (3) If an executor or administrator fails to file the account— (a) the Registrar may apply by summons to the Court; and (b) the Court may remove the executor or administrator or make such other order as it thinks fit. 6.04 Urgent cases The Registrar may give priority to an application shown by affidavit to be urgent. 6.05 Beneficial interest of the Crown In any application in which it appears before a grant of representation is made that the Crown is or may be beneficially interested in the estate, the Registrar or the Court may direct that— (a) the applicant give notice to the Victorian Government Solicitor; (b) no grant be made until the elapse of a specified time after the notice is given. 6.06 Further affidavits The Registrar, as the Registrar thinks fit, may require any further evidence relating to an application. * * * * * **Note** There is no Rule 6.07. 6.08 Authentication of orders An order in a proceeding to which these Rules apply (other than an order under Order 10) shall— (a) in the case of a grant of representation, be in the form determined by the Registrar; and (b) in any other case, be in the form of the general form of order in Form 60C of Chapter I with any necessary modification. 6.09 Substituted administrator to furnish guarantee (1) An order under section 34 of the Act may contain a condition requiring the substituted administrator to provide a guarantee from one or more sureties. (2) The guarantee — (a) shall be for such amount as the Court thinks fit; and (b) shall contain an undertaking that the surety or sureties will make good any loss (not exceeding the sworn value of the estate) which any person interested in the estate may suffer as a consequence of a breach of duty by the administrator. (3) A copy of the order shall be attached to the grant of representation. 6.10 Discontinuance of application (1) Subject to paragraph (2), an applicant may discontinue an application for a grant of representation at any time by filing a notice to that effect. (2) In any case in which a caveat has been lodged and has not expired or been withdrawn, an applicant may discontinue an application for a grant of representation at any time— (a) by filing a notice to that effect indorsed with the consent of the caveator; or (b) if the application is referred to the Court, on such terms as the Court thinks fit. 6.11 Notice of intention to administer by State Trustees under section 79 of the Act Rule 6.11(1) amended by S.R. No. 79/2024 rule 9(1)(a). (1) A notice of intention to administer an estate under section 79 of the **Administration and Probate Act 1958** shall be given by State Trustees publishing the notice by posting it on RedCrest‑Probate in a form approved by the Registrar. (2) The notice shall include— Rule 6.11(2)(a) amended by S.R. No. 79/2024 rule 9(1)(b). (a) the name and last known address of the deceased; Rule 6.11 (2)(ab) inserted by S.R. No. 79/2024 rule 9(2). (ab) any known aliases of the deceased; Rule 6.11 (2)(ac) inserted by S.R. No. 79/2024 rule 9(2). (ac) the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead; Rule 6.11(2)(b) amended by S.R. No. 79/2024 rule 9(1)(c). (b) the email address of State Trustees; and Rule 6.11(2)(c) amended by S.R. No. 79/2024 rule 9(1)(d). (c) a statement that, 14 days after publication of the notice by posting on RedCrest-Probate, State Trustees intends to administer the estate under section 79 of the **Administration and Probate Act 1958**. Rule 6.11(3) inserted by S.R. No. 79/2024 rule 9(3). (3) A notice posted in accordance with this Rule is valid for 3 years from the date it is posted. Order 7—Sureties 7.01 When required (1) The power under this Rule may be exercised if application is made for a grant of administration— (a) to a creditor of the deceased or the legal personal representative of a creditor applying in that capacity; (b) to a person having no immediate beneficial interest in the estate of the deceased; (c) to an attorney of a person entitled to a grant of administration; (d) to the use and benefit of a minor or of some person incapable of managing the minor's or person's own affairs; (e) to any person who appears to the Court or the Registrar to be resident outside the State of Victoria; (f) to collect and preserve the assets of the deceased (being a grant formerly described as a grant *ad colligenda bona*); (g) to bring or defend a proceeding (being a grant formerly described as a grant *ad litem*); (h) under section 20, 22 or 24 of the Act; or (i) in any other case where the Court or the Registrar considers that there are special circumstances making it desirable to act under paragraph (2). (2) The Court or the Registrar may require— (a) a guarantee under section 57 of the Act; (b) that the application be made jointly by two or more persons; or (c) that the application be made by a trustee company as defined in the **Trustee Companies Act 1984**. 7.02 Form of guarantee A guarantee shall be in Form 3–7A and in such amount as the Court or the Registrar directs. 7.03 Affidavit of justification (1) A surety shall justify by affidavit in Form 3–7B the guarantee given. (2) If a surety is a natural person, the affidavit of justification shall give— (a) particulars of and the value of the property of the surety; and (b) particulars of and the value of the surety's debts and liabilities. (3) A surety which is a corporation shall make an affidavit by its proper officer. (4) An affidavit on behalf of a corporation which is a surety shall contain sufficient information of the financial position of the corporation to satisfy the Registrar that it has sufficient assets to meet any claim under the guarantee. (5) The Registrar may accept an affidavit of justification from a corporation at least once each year instead of requiring an affidavit in every case in which that corporation is a surety. 7.04 Leave to sue on guarantee (1) An application for leave to sue on a guarantee under section 57(3) or 84(3) of the Act shall be made by originating motion. (2) A copy of the originating motion shall be served on the administrator, the surety and any co-surety. Order 8—Caveats 8.01 Caveat A caveat shall— (a) be made by a caveat submitted in RedCrest‑Probate for filing in accordance with Order 1A; and (b) be signed (including by electronic signature) and dated by the caveator or the caveator's solicitor. 8.02 Registrar to give notice of caveat If there is a caveat against the making of a grant of representation, the Registrar— (a) shall give notice of the caveat to an applicant for the grant; and (b) shall give notice to the caveator of an application for the grant. 8.03 Expiry of caveat (1) Subject to this Rule, a caveat expires 6 months after the date it is lodged. (2) Subject to paragraph (3), if the Registrar gives notice to a caveator under Rule 8.02(b), the caveat expires 30 days after the notice is given. (3) A caveat shall not expire by reason of paragraph (2) if— (a) within the period referred to in paragraph (2), the caveator serves on the applicant and files with the Registrar a statement of the grounds of the caveator's objection to the making of the grant; or (b) a Judge of the Court otherwise orders. 8.04 Withdrawal of caveat (1) A caveat may be withdrawn by filing a notice of withdrawal in Form 3–8B. (2) A notice of withdrawal may be filed— (a) at any time before an application for a grant has been made; or (b) at any time thereafter with the consent of the applicant for the grant. 8.05 Fresh caveat (1) Subject to this Rule, a fresh caveat may be lodged before or after the expiry of an earlier caveat. (2) If a caveat has expired by reason of the operation of Rule 8.03(2) or an order of a Judge of the Court under Rule 8.03(3)(b), a fresh caveat shall be taken not to relate to the application of which the Registrar gave notice to the caveator under Rule 8.02(b). 8.06 Grounds of caveator's objection (1) Where a grant is sought in relation to a will (including a document intended to be a will), the grounds of objection may be stated as follows— (a) that there is a later will or act of revocation and the date of that will or act of revocation; (b) that the will was not executed by the testator; (c) that the will was not executed in conformity with the **Wills Act 1958** or the **Wills Act 1997** and specifying the relevant section; (d) that the document of which probate is being sought— (i) was not executed in conformity with the **Wills Act 1958** or the **Wills Act 1997**; and (ii) was not intended by the deceased to be the deceased's will; (e) that the testator lacked testamentary capacity— (i) during the period shortly before and at the time of execution; (ii) existing before that period and due to insanity or imbecility of which the symptoms first manifested themselves at a date to be set out; or (f) that the testator acted under undue influence specifying the person exercising that influence. (2) Where a grant is sought as upon an intestacy, the grounds of objection may be stated as follows— (a) that a will exists and the date of the will; (b) that the applicant for the grant does not have the capacity or stand in the relationship in which the applicant seeks administration; (c) that the caveator or some other person seeking administration has a better right, stating the nature of the right; or (d) that the proposed administrator is disqualified, stating the reason for the disqualification. (3) The caveator shall specify any ground of objection not included in those set out in paragraphs (1) and (2). (3.1) The caveator shall give particulars of any fact or matter raised in the grounds of objection set out in paragraphs (1), (2) and (3). (4) Unless the Court otherwise orders, the caveator shall not rely on any ground of objection of which notice has not been given in accordance with this Rule. 8.07 Summons for directions (1) Within 7 days after the filing of a statement of the grounds of objection, the caveator shall apply to the Court for directions. (2) If the caveator fails to apply under paragraph (1), the applicant for the grant may apply to the Court for directions. (3) An application for directions shall be made by summons and the day for hearing named in the summons shall not be less than 7 days after the day it is filed. (4) The summons shall be served— (a) if the application is made by the caveator, on the applicant for the grant; (b) if the application is made by the applicant for the grant, on the caveator. 8.08 Directions On the application for directions, any directions may be given relating to the application for the grant as the Court thinks fit including— (a) directions for— (i) making the caveator a defendant to the application for the grant and amending the title of the proceeding accordingly; (ii) the joinder of any other person as a party; (iii) the filing and service of particulars of the grounds of the caveator's objection; (iv) the filing and service of pleadings; (v) discovery; (vi) the filing and service of affidavits; and (b) any other direction for the conduct of the proceeding which the Court thinks conducive to its effective, complete, prompt and economical determination. Order 9—Costs 9.01 Basic charges Subject to this Order, the professional charges which may be paid and allowed out of the estate of a deceased person to a solicitor in obtaining a grant of representation or the re-sealing in Victoria of a grant made in another jurisdiction are as set out in the Appendix. * * * * * **Note** There is currently no Rule 9.02. It was revoked from the Supreme Court (Administration and Probate) Rules 2014 by the Supreme Court (Probate E-filing and Other Amendments) Rules 2019. 9.03 Other charges A solicitor may also charge— (a) any fees, charges or expenses reasonably incurred; (b) for special or unusual work. Order 10—Commission to executors, administrators and trustees 10.01 Application of this Order This Order applies to applications under Subdivision 3 of Division 7 of Part I of the Act. 10.02 Process An application— (a) shall be made by filing a summons in Form 3–10A and an affidavit in Form 3–10B; and (b) may be heard and determined by an Associate Judge or a judicial registrar. 10.03 Administration account to be filed (1) Before making an application under Rule 10.02, an applicant shall have filed with the Court an administration account in Form 3–6AA, being a true and correct account of the administration of the estate, verified by affidavit. (2) The administration account shall contain full particulars of— (a) receipts; (b) disbursements; (c) all assets and liabilities (including assets and liabilities not known at the date of the application for probate or administration); and (d) distribution of all assets. (3) The administration account shall be verified by all legal personal representatives, if more than one, even if the application is not made by all of them. 10.04 Consent to hearing without notice and acceptance of account A beneficiary of an estate or a surety to a guarantee provided by an administrator may, at any time, file in the Court or provide to the applicant to produce to the Court a consent in Form 3–10C— (a) to acceptance by the Court of an administration account filed under Rule 10.03 as true and correct after it has been seen by that beneficiary; (b) to the hearing and determination of an application without notice; or (c) to both matters referred to in paragraphs (a) and (b). * * * * * **Note** There is currently no Rule 10.05. It was revoked from the Supreme Court (Administration and Probate) Rules 2014 by the Supreme Court (Probate E-filing and Other Amendments) Rules 2019. 10.06 Directions (1) The Court shall— (a) appoint a date and time for the giving of directions relating to the application; and (b) cause the applicant to be notified in writing accordingly. (2) Directions may include directions for— (a) service of the summons and any affidavit; (b) the filing of a notice of address for service by a person served; (c) the filing and service of any notice of objection; (d) the nomination of solicitors to act for persons under a disability who are beneficiaries; (e) the nomination of solicitors to act for members of a class of beneficiaries; (f) the filing of a further and better account or a supplementary account; (g) the verification of an account or the vouching of any item in an account; (h) the filing of any further affidavit; (i) the scheme of distribution of the money and assets of the estate or trust still remaining in the estate or trust; (j) if there are assets outside Victoria, an undertaking by the applicant not to take out of those assets any commission (whether in accordance with an allowance by any court or authority outside Victoria or otherwise) in excess of the commission allowed by the Court, without the leave of the Court; (k) the hearing of the application. (3) In giving directions, the Court shall consider any consent filed or produced under Rule 10.04. 10.07 Objection to application A person objecting to an application shall file an affidavit setting out— (a) the nature of that person's interest in the estate; (b) any objection to any item in the administration account by reference to its item number; and (c) any objection to the applicant's evidence of the pains and trouble of the administration. 10.08 Right to be heard Unless the Court otherwise orders, no person other than the applicant and a person who has filed a notice of address for service shall be entitled to be heard on the application. 10.09 Fixing of commission or percentage If the Court allows the application, it shall specify the amount of commission or the percentage allowed. 10.10 Costs The costs of the applicant and of any other person of and incidental to the application— (a) shall be in the discretion of the Court; and (b) may be allowed out of the estate or trust fund. 10.11 Liberty to apply If the Court allows the application, the following have liberty to apply from time to time— (a) the applicant, or the applicant's legal personal representative; (b) the executor, administrator or trustee for the time being of the estate being administered— and the rules with respect to the making of an application apply with any necessary modification. * * * * * **Note** There is currently no Rule 10.12. It was revoked from the Supreme Court (Administration and Probate) Rules 2014 by the Supreme Court (Probate E-filing and Other Amendments) Rules 2019. Order 11—Revocation 11.01 Application of this Order This Order applies to an application for revocation of a grant of representation. 11.02 Process (1) An application for revocation shall be made by summons in the proceeding in which the grant was made. (2) The application shall be supported by— (a) where the applicant is the plaintiff, an affidavit setting out the facts upon which the applicant relies to show that the grant of representation should be revoked; (b) in any other case, the particularised grounds on which the grant of representation should be revoked. Order 12—Rectification 12.01 Application of this Order This Order applies to an application pursuant to section 31 of the **Wills Act 1997** for rectification of a will. 12.02 Process (1) An application for an order under section 31(1) of the **Wills Act 1997** shall be made by summons filed in the proceeding in which the grant of representation was made. (2) The application shall be supported by an affidavit setting out the facts on which the applicant relies to show that the will does not carry out the testator's intentions either— (a) because of a clerical error; or (b) because the will does not give effect to the testator's instructions. Form 3–1A—General form of heading if no defendant | Rule 1.08(3) | | --- | General form of heading if no defendant In the Supreme Court of Victoria in its Probate Jurisdiction 20 No. In the matter of the deceased estate of [name of deceased] Application by: AB Plaintiff [title of document] *delete if inapplicable Form 3–1B—General form of heading if between parties | Rule 1.08(3) | | --- | General Form of Heading if between Parties In the Supreme Court of Victoria in its Probate Jurisdiction 20 No. In the matter of the deceased estate of [name of deceased] Between— AB Plaintiff and CD Defendant [title of document] *delete if inapplicable Form 3–6AA—Administration account | Rules 6.03(1) and 10.03(1) | | --- | Administration Account [heading in accordance with Form 3–1A or 3–1B (as is appropriate)] THE ACCOUNT of the administration of the estate of the abovenamed deceased by the Executor [or Administrator] to the [insert date], filed pursuant to Rule 6.03(1) or 10.03(1). PART A CORPUS ACCOUNT | Number of item | Date | Particulars | | $. c. | | --- | --- | --- | --- | --- | | | | Receipts | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Total .. | | $ | | | | Disbursements | | | | | | | $. c. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Balance .. | | | | | | | | | | | | | | | | | | Totals .. $ | | | PART B INCOME ACCOUNT [Set out Receipts, Disbursements and Balance as in Part A.] PART C PORTION OF ESTATE DISTRIBUTED IN SPECIE [Set out briefly, with particulars of value.] PART D PORTION OF ESTATE RETAINED OR REMAINING UNCOLLECTED [Set out briefly, with particulars of value.] PART E STATEMENT OF MONEYS AND SECURITIES HELD BY THE EXECUTOR [or ADMINISTRATOR] [Set out particulars of moneys now in hand and investments made since date of death.] Date: Signature of Executor [Administrator]. Form 3–7A—Surety's guarantee | Rule 7.02 | | --- | Surety's Guarantee [heading in accordance with Form 3–1A or 3–1B (as appropriate)] WHEREAS late of died on day of 20 AND WHEREAS of ("the administrator") is the intended administrator of the deceased's estate. NOW THEREFORE 1. I*, of guarantee that I will when lawfully required to do so make good any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of the breach by the administrator of the administrator's duty— (a) well and truly to collect and administer the estate of the deceased according to law and, if so required by the Court, deliver up the grant to the Court; (b) if the Court or the Registrar requires, to make and file or cause to be made and filed a true and just account of the administration of the estate. 2. The giving of time to the administrator or any other forbearance or indulgence shall not in any way affect my liability under this guarantee. 3. The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 but my total liability shall not in any event exceed the sum of $ . DATED: SIGNED SEALED AND DELIVERED by the abovenamed in the presence of [THE COMMON SEAL of was affixed in the presence of ] *If made by more than one, this guarantee should be made jointly and severally Form 3–7B—Affidavit of justification | Rule 7.03 | | --- | Affidavit of Justification [heading in accordance with Form 3–1A or 3–1B (as appropriate)] I, of in Victoria, [occupation] *make oath/*affirm and say that— 1. I am over 18 years of age and under no legal disability. 2. After payment of all my debts and liabilities I am well and truly worth in real and personal property [or as the case may be] not less than the sum of $** 3. Particulars of my property and the values of my property are as follows: [NOTE—In setting out the property, real property must be distinguished from personal property, and a separate gross value for each particular parcel or item of real property or personal property must be stated. (a) When real property, the allotment, parish, street, etc. the area of land, whether there are buildings on the land, should be stated with sufficient accuracy to identify the land. (b) When personal property, the following particulars should be given, for example— (1) Description of lease and number of years to run. (2) Number of shares in bank, building society, trading company etc. (3) Money on deposit or current account, giving name and address of bank, society etc. (4) Money lent on mortgage and registered number of same. (5) Household furniture and where kept. (6) Stock in trade of a business and premises where kept. (7) Farming implements, &c, where kept, and grain, quantity and where stored. (8) Policy of life insurance, number of years in force with surrender value, and age of the life assured at time of making this affidavit. (9) Live stock, number and kind and where pastured or kept. (10) Good book debts only. Cash in hand and depreciating assets such as furniture and motor vehicles are generally not accepted nor are persons who can only justify to life insurance or superannuation policies.]. 4. Particulars of my debts and liabilities are as follows: [*Set out particulars*]. 5. That I am not surety in any other matter [*or if a surety in any other matter state in what matter and to what amount*]. *Sworn/*affirmed etc. **The gross value at which property of deceased was sworn. *delete if inapplicable Form 3–8B—Notice of withdrawal of caveat | Rule 8.04 | | --- | Notice of Withdrawal of Caveat In the Supreme Court of Victoria in its Probate Jurisdiction In the matter of [full name] deceased AB Caveator WITHDRAWAL OF CAVEAT To the Registrar of Probates: The caveat dated [insert date] filed on my behalf is withdrawn. Date: [Signed by caveator or solicitor] Form 3–10A—Summons | Rule 10.02 | | --- | Summons In the Supreme Court of Victoria in its Probate Jurisdiction 20 No. In the matter of the deceased estate of [name of deceased] Application by: AB Applicant SUMMONS The applicant, who is the executor [or administrator] of the will [or estate] of the above named deceased, seeks an order that commission or percentage of the estate be allowed to the applicant for the pains and trouble of the applicant in administering the estate. The application will be heard on a date to be fixed by the Court. *delete if inapplicable Date: Form 3–10B—Affidavit in support of application for commission | Rule 10.02 | | --- | Affidavit in support of application for commission [heading as in summons] AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMISSION I, [full name] , *make oath/*affirm and say: 1. I am the executor [*or administrator*] to whom probate of the Will [*or letters of administration of the estate*] of the abovenamed deceased who died [*intestate*] on the day of 20 were granted on the day of 20 . 2. A true and correct account of the administration of the estate of the deceased in Form 3–6AA (the administration account) up to [*insert date*] has been filed with the Court. Now produced and shown to me and marked [*insert exhibit reference*] is a copy of the administration account. 3. No previous application for the allowance of commission in respect of the estate has been made [*or as the case may be*]. **Verification of administration account** 4. *At the date of death, the deceased was not entitled to any debt or sum of money due from me on any account whatsoever OR *At the date of death, the deceased was entitled to [*insert sum*] from me arising from [*explain basis of indebtedness*], which has been fully paid and set out in the administration account [*or explain why not paid*]. 5. The administration account is a full and complete account of the administration of the estate. In particular, it sets out a full account of— (a) all real and personal estate that was possessed by the deceased; (b) all rents, profits, dividends, interest and income of the estate; (c) the times when and the names of the persons from whom the assets referred to in paragraphs (a) and (b) have been received; (d) the distributions, disbursements, allowances and payments (including any distributions in specie) made by me from the estate, including the times when, the names of the persons to whom, the purposes of each distribution, disbursement, allowance and payment, and whether from capital or income of the estate; (e) any estate assets uncollected; and (f) any estate assets retained or held by me. 6. I have not received any estate assets (including sale proceeds) or income that are not disclosed in the administration account. 7. All distributions, disbursements, allowances and payments shown in the administration account were actually made by me. 8. Other than as I have set out in the administration account, there are no estate assets retained or remaining uncollected or any other part of the estate outstanding or undisposed of. 9. The real and personal estate, all moneys derived from the realisation of estate assets and all investments made from the estate are now held by me as executor [*or administrator*] are vested in me and are under my sole control. 10. All debts and liabilities, funeral and testamentary expenses payable or owing by the estate have been paid or discharged [*except* ]. 11. The balance of the estate now in my hands as executor [*or administrator*] and available for distribution as disclosed by the administration account consists of real estate of the value of $ and personal estate and money of the value of $ . 12. The assets of the estate were situated in [*location*]. **The beneficiaries [*and sureties if any*]** 13. It is proposed to distribute the balance of the estate now in my hands as executor [*or administrator*] as follows: (Set out shortly the proposed division of balance [or in accordance with the provisions of the Will]). 14. The name, address and age of each beneficiary affected by this application for commission (interested beneficiaries) are as follows: 15. [*where applicable*] The names and addresses of the sureties to the guarantees are as follows: 16. [*where applicable*] I have received consents in Form 3–10C from [*insert names*] now produced and shown to me and marked [*insert exhibit number reference*]. 17. [*where applicable*] The interested beneficiaries were provided with the information required by section 65D of the **Administration and Probate Act 1958** by [*set out evidence, including by exhibiting any relevant written communication*]. **The responsibility and tasks undertaken in the administration of the estate** 18. [*Set out in numbered paragraphs the pains and trouble of* *the administration of the estate, that is, the responsibility, worry, judgment, care, attention and burden of decision-making, as well as the activities, tasks, time and practical work of the administration, with sufficient detail to enable the Court to determine the application*]. **Conclusion** 19. I seek commission of [*insert amount and percentage*] be allowed to me for the administration of the estate. **The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.** *SWORN/*AFFIRMED etc. *Delete whichever does not apply NOTE: If more than one person is applying for commission, this affidavit should be modified accordingly and be made by all applicants jointly and severally. The administration account must be sworn by all executors, regardless of whether they all seek commission. Form 3–10C—Consent | Rule 10.04 | | --- | [heading as in summons] CONSENT I, [name] of [address] being a person beneficially interested in the estate of [name of deceased] deceased, and having seen the administration account filed with the Court on [date] consent to: *1. acceptance by the Court of the administration account as true and correct. *2. the hearing and determination of the applicant's application for commission without notice to me of the hearing of the application and in my absence. *3. both acceptance by the Court of the administration account as true and correct and the hearing and determination of the applicant's application for commission without notice to me of the hearing of the application and in my absence. Date: [Signed] *Delete whichever does not apply Appendix Rule 9.01 | Where gross value of estate does not exceed | Remuneration chargeable | | --- | --- | | $10 000 | $213.00 | | $12 000 | $246.00 | | $14 000 | $283.00 | | $16 000 | $318.00 | | $18 000 | $354.00 | | $20 000 | $391.00 | | $30 000 | $425.00 | | $40 000 | $463.00 | | $50 000 | $499.00 | | $60 000 | $535.00 | | $70 000 | $572.00 | | $80 000 | $608.00 | | $90 000 | $644.00 | | $100 000 | $680.00 | | Where estate left exceeds $100 000 | $680 plus $35 for every $50 000 or part thereof by which the estate exceeds $100 000. | Dated: 30 November 2023 ANNE FERGUSON, *C.J.* KARIN EMERTON, P. DAVID F. R. BEACH, J.A. R. NIALL, J.A. M. L. SIFRIS, J.A. L. A. TAYLOR, J.A. KEVIN J. A. LYONS, J.A. C. B. BOYCE, J.A. ANTHONY CAVANOUGH, J. M. J. CROUCHER, J. CHRISTOPHER W. BEALE, J. RITA INCERTI, J. JANE DIXON, J. M. N. CONNOCK, J. MELINDA RICHARDS, J. S. J. MOORE, J. JACINTA FORBES, J. J. DELANY, J. MICHAEL OSBORNE, J. RICHARD ATTIWILL, J. ANDREA TSALAMANDRIS, J. LISA HANNAN, J. P. GRAY, J. P. MATTHEWS, J. C. M. HARRIS, J. A. J. WATSON, J. ═════════════ 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 Supreme Court (Administration and Probate) Rules 2023, S.R. No. 125/2023 were made on 30 November 2023 by the Judges of the Supreme Court under section 25 of the **Supreme Court Act 1986**, No. 110/1986 and the **Administration and Probate Act 1958**, No. 6191/1958 and came into operation on 1 March 2024: rule 1.03(1). The Supreme Court (Administration and Probate) Rules 2023 will sunset 10 years after the day of making on 30 November 2033 (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 This publication incorporates amendments made to the Supreme Court (Administration and Probate) Rules 2023 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Supreme Court (Chapter III Probate Advertising Amendment) Rules 2024, S.R. No. 79/2024 | *Date of Making:* | 22.8.24 | | --- | --- | | *Date of Commencement:* | 11.11.24: rule 3 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. Rule 1.03(2)(a): S.R. No. 10/2014 as amended by S.R. Nos 208/2014, 19/2019, 124/2019 and 89/2020. [↑](#endnote-ref-2) 2. Rule 1.03(2)(b): S.R. No. 19/2019. [↑](#endnote-ref-3) 3. Rule 1.03(2)(c): S.R. No. 124/2019. [↑](#endnote-ref-4) 4. Rule 1.03(2)(d): S.R. No. 89/2020. [↑](#endnote-ref-5)