Victorian Numbered Regulations Victorian Numbered Regulations(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 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 will of which probate is sought;
(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) A photocopy exhibited under paragraph (3) shall be certified as a true copy by the person before whom the affidavit is sworn.
(5) 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.
(6) All exhibits to the affidavit shall be filed with the affidavit.