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SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 - FORMS

FORMS

Rule 1.08(3)

FORM 3–1A

GENERAL FORM OF HEADING IF NO DEFENDANT

In the Supreme Court of Victoria in its Probate Jurisdiction

20 No.

In the matter of the *Will/*Will and Estate/*Estate of [ name of deceased ] deceased

Application by:

AB Plaintiff

[ title of document ]

*delete if inapplicable

__________________

Rule 1.08(3)

FORM 3–1B

GENERAL FORM OF HEADING IF BETWEEN PARTIES

In the Supreme Court of Victoria in its Probate Jurisdiction

20 No.

In the matter of the *Will/*Will and Estate/*Estate of [ name of deceased ] deceased

Between—

AB     Plaintiff
and
CD     Defendant

[ title of document ]

*delete if inapplicable

__________________

Forms 3–2A–3–4A revoked by S.R. No. 124/2019 rule 24.

    *     *     *     *     *

Form 3–6AA amended by S.R. No. 124/2019 rule 43.

Rules 6.03(1) and  10.03(1)

FORM 3–6AA

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).

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 .]

Dated

Signature of Executor [ Administrator ].

__________________

Forms 3–6A, 3–6B revoked by S.R. No. 124/2019 rule 19(2).

    *     *     *     *     *

Rule 7.02

FORM 3–7A

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 his or her 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

__________________

Rule 7.03

FORM 3–7B

AFFIDAVIT OF JUSTIFICATION

[ heading in accordance with Form 3–1A or 3–1B (as appropriate) ]

I, of in Victoria,
[ occupation ] make oath 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 thereof 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 etc.

*The gross value at which property of deceased was sworn.

__________________

Form 3–8A revoked by S.R. No. 124/2019 rule 24.

    *     *     *     *     *

Rule 8.04

FORM 3–8B

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 amended by S.R. No. 124/2019 rule 44.

Rule 10.02

FORM 3–10A

SUMMONS

In the Supreme Court of Victoria in its Probate Jurisdiction

20 No.

In the matter of the *Will/*Will and Estate/*Estate of [ name of deceased ] 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 substituted by S.R. No. 124/2019 rule 45.

Rule 10.02

FORM 3–10B

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 substituted by S.R. No. 124/2019 rule 45.

Rule 10.04

FORM 3–10C

[ 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

Form 3–10D revoked by S.R. No. 124/2019 rule 37(2).

    *     *     *     *     *

Form 3–10E revoked by S.R. No. 124/2019 rule 41(2).

    *     *     *     *     *



Rule 9.01



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