Victorian Numbered Regulations

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SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 (SR NO 10 OF 2014) - REG 3.02

Form of application

    (1)     An application under this Order shall—

        (a)     be made by filing an originating motion in Form 3–3A;

        (b)     be entitled "In the matter of the Will and Estate of [ name of deceased ] 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 his or her 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.

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