Victorian Numbered Regulations Victorian Numbered RegulationsFORMS
| Rule 1.08(3) |
FORM 3–1A |
GENERAL FORM OF HEADING IF NO DEFENDANT
Form 3–1A
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
__________________
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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
__________________
|
FORM 3–2A |
ORIGINATING MOTION FOR GRANT OF PROBATE
Form 3–2A
[ heading in accordance with Form 3–1A and Rule 2.02(b) ]
This is an application by the abovenamed plaintiff for the grant by this Honourable Court of probate of the will dated [and the codicil dated ] of the abovenamed deceased.
Particulars of this application are as follows:
Surname:
Given names:
In the will [ and codicil ] called:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:
Surname:
Given names:
In the will [ and codicil ] called:
Residential address:
Occupation:
Relationship to deceased:
This application is made by the plaintiff as [ executor or as the case may be ].
[ Further particulars of the application are as follows: ]
[ Signed by plaintiff or solicitor ]
__________________
| Rule 3.02(1)(a) |
FORM 3–3A |
ORIGINATING MOTION FOR GRANT OF ADMINISTRATION WITH WILL ANNEXED
Form 3–3A
[ heading in accordance with Form 3–1A and Rule 3.02(1)(b) ]
This is an application by the abovenamed plaintiff for the grant by this
Honourable Court of administration of the estate of the abovenamed deceased
with
the Will dated [and the codicil dated ]
annexed.
Particulars of this application are as follows:
Surname:
Given names:
In the will [ and codicil ] called:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:
Surname:
Given names:
In the will [ and codicil ] called:
Residential address:
Occupation:
Relationship to deceased:
This application is made by the plaintiff as [ beneficiary or as the case may be ].
[ Further particulars of the application are as follows :]
[ Signed by plaintiff or solicitor ]
__________________
|
FORM 3–4A |
ORIGINATING MOTION FOR GRANT OF ADMINISTRATION UPON INTESTACY
Form 3–4A
[ heading in accordance with Form 3–1A and Rule 4.02(b) ]
This is an application by the abovenamed plaintiff for the grant by this Honourable Court of administration of the estate of the abovenamed deceased, who died intestate.
Particulars of this application are as follows:
Surname:
Given names:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:
Surname:
Given names:
Residential address:
Occupation:
Relationship to deceased:
This application is made by the plaintiff as [*next of kin/*domestic partner/*creditor or as the case may be ].
[ Further particulars of the application are as follows: ]
[ Signed by plaintiff or solicitor ]
*delete if not applicable
__________________
|
FORM 3–6AA |
ADMINISTRATION ACCOUNT
Form 3–6AA
[ 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
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Receipts | | |
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Total .. | |
$ | ||
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Disbursements | | |
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$. c. | |
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Balance .. | | | ||
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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 .]
Form 3–6AA
Dated
Signature of Executor [ Administrator ].
__________________
|
FORM 3–6A |
REQUEST FOR NOTICE OF MAKING OF GRANT
Form 3–6A
In the Supreme Court of Victoria in its Probate Jurisdiction
In the matter of [ full name ] deceased
and
In the matter of a proposed application under Part IV of the Administration and Probate Act 1958 in which—
AB will be the plaintiff
To the Registrar of Probates:
Take notice that the proposed plaintiff intends to make an application under Part IV of the Administration and Probate Act 1958 for provision or for further provision out of the estate of the abovenamed deceased. Accordingly, you are required to give notice to the proposed plaintiff of the making of any grant of representation in relation to the will or estate of the abovenamed deceased.
Particulars of the deceased
Surname:
Given names:
In the Will called:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:
Particulars of the proposed plaintiff
Surname:
Given names:
Occupation:
Residential address:
Relationship to the deceased:
Address for service:
Date:
[ Signed by proposed plaintiff or solicitor ]
__________________
|
FORM 3–6B |
NOTICE OF MAKING OF GRANT
Form 3–6B
[ heading as in Form 3–6A ]
To [ name of proposed plaintiff ]
[ address for service ]
Take notice that a grant of representation in relation to the will [ or estate ] of the abovenamed deceased has been made as follows:
Nature of grant:
Date of making:
Made upon the application of:
Address of applicant:
Relationship of applicant to deceased:
[ Signed ]
Registrar of Probates
__________________
|
FORM 3–7A |
SURETY'S GUARANTEE
Form 3–7A
[ 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
__________________
|
FORM 3–7B |
AFFIDAVIT OF JUSTIFICATION
Form 3–7B
[ 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.
Form 3–7B
*The gross value at which property of deceased was sworn.
__________________
|
FORM 3–8A |
CAVEAT
Form 3–8A
In the Supreme Court of Victoria in its Probate Jurisdiction
In the matter of [ full name ] deceased
AB Caveator
CAVEAT
To the Registrar of Probates:
Let nothing be done in relation to the will [ or estate ] of the above named deceased without giving notice to the above named caveator, particulars of whom, and of the deceased, are given below.
Particulars of the deceased
Surname:
Given names:
In the Will called:
Last residential address:
Last known occupation:
Date and place of birth:
Date and place of death:
Particulars of caveator
Surname:
Given names:
Occupation:
Residential address:
Relationship to the deceased:
Address for service:
Date:
[ Signed by caveator or solicitor ]
__________________
|
FORM 3–8B |
NOTICE OF WITHDRAWAL OF CAVEAT
Form 3–8B
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
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 by an Associate Judge on a date to be fixed by the Court.
*delete if inapplicable
Date:
__________________
|
FORM 3–10B |
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMISSION
Form 3–10B
[ heading as in summons ]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMISSION
I, [full name] , make oath and say:
(a) entitled to any debt or sum of money due to him or her from me on any account whatsoever; or
(b) possessed of any real or personal estate whatsoever.
(a) the corpus of the real and personal estate of the deceased;
(b) the rents, profits and income of the estate which have come to my hands or to the hands of any person by my order or authority or for my use;
(c) the times when, the names of the persons from whom and on what account the assets referred to in paragraphs (a) and (b) have been received;
(d) the distribution in specie of, and the disbursements, allowances and payments made by me on account of the corpus or in respect of the rents, profits and income and the times when, the names of the persons to whom, and the purposes for which distribution, disbursements, allowances and payments were made.
(a) I have not nor has any other person by my order or authority or for my use possessed, received or got in any part of the corpus, rents, profits and income of the estate of the deceased nor any money in respect thereof;
(b) the account does not contain any item of disbursement, allowance or payment other than as has actually been disbursed, allowed or paid on account of the corpus or in respect of the rents, profits and income.
Form 3–10B
(Set out shortly the proposed division of balance [ or in accordance with the provisions of the Will]).
(2) The names and addresses of the sureties to the guarantees are as follows:
(3) The consent in writing of all such beneficiaries and sureties (other than [ insert names ]) to the acceptance of the account as true and correct and to the consideration of the application without notice to them is exhibited and marked "B".
SWORN etc.
Form 3–10B
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.
__________________
|
FORM 3–10C |
CONSENT
Form 3–10C
I, of being a person beneficially interested in the estate of deceased consent to the acceptance by the Court of the account of the executor [or administrator ] of the executor's [ or administrator's ] administration of the deceased's estate filed in the office of the Registrar of Probates on [ date ] as being prima facie true and correct [ insert where desired and consent to consideration of the application of the executor [ or administrator ] for the allowance of commission proceeding without service on me of a copy of the summons and notice of the hearing of the application].
Date:
[ Signed ]
__________________
|
FORM 3–10D |
REQUEST FOR NOTIFICATION OF APPLICATION FOR COMMISSION
Form 3–10D
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
REQUEST FOR NOTIFICATION OF APPLICATION FOR COMMISSION
To the Registrar of Probates
Take notice that I of [on behalf of a minor or a person resident outside Victoria ] being a beneficiary under the will [ or a person claiming an interest as [ state relationship or particulars of interest ] in the estate ] of the abovenamed deceased require notice of any application under Order 10 of Chapter III of the Rules of the Supreme Court for the allowance of commission to the executor [ or administrator ] of the will or estate to be given to me at the address for service set out above.
Date:
[ Signed ]
*delete if inapplicable
__________________
|
FORM 3–10E |
ORDER
Form 3–10E
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
ORDER
Associate Judge:
Date made:
How obtained: By summons dated [ insert date ]
filed on behalf of
Attendance:
Other matters:
The Court orders:
That commission is allowed to [ full name ] being the executor [ or administrator ] of the estate of the abovenamed deceased as follows:
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On corpus receipts: |
$ | |
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Percentage thereof | |
$ |
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On property dealt with pursuant to devise or legacy or in specie: |
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Percentage thereof | |
$ |
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On income receipts: |
$ | |
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Percentage thereof | |
$ |
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Total | | |
Costs of application paid at $
Date authenticated:
[ Registrar ]
*delete if inapplicable
__________________
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