Victorian Numbered Regulations Victorian Numbered RegulationsFor Forms 3–10B and 3–10C of the Supreme Court (Administration and Probate) Rules 2014 substitute —
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"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.
__________________
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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".
Division 2—Amendment of Chapter I