Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 (SR NO 10 OF 2014) - REG 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, 2.05, 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 upon to satisfy the Court that the deceased intended the document of which probate is being sought to be his or her 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 upon to satisfy the Court that the deceased intended the document, so altered, to be his or her will.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback