Victorian Numbered Regulations Victorian Numbered RegulationsFORM 1
IN THE SUPREME COURT OF VICTORIA IN THE PROBATE JURISDICTION
IN THE MATTER OF the Estate of [ name of deceased ], deceased
ELECTION TO ADMINISTER ESTATE UPON INTESTACY UNDER SECTION 11A(1) OF THE TRUSTEE COMPANIES ACT 1984 AS IN FORCE ON 10 MAY 2010 †
State Trustees elects under section 11A(1) of the Trustee Companies Act 1984 as in force on 10 May 2010 to administer the estate of the deceased.
PARTICULARS
1. The deceased late of [ last residential address of deceased ] in the State of Victoria, [ last known occupation of deceased ], died on [ date ] intestate leaving property in Victoria the gross value of which is estimated by State Trustees at the time of this election not to exceed $50 000.
2. From a search in the Office of the Registrar at the time of this election, it has been found that no caveat has been lodged in respect of this matter, and that no grant of representation has been made to any person.
3. State Trustees is entitled to a grant of administration of the estate of the deceased.
4. A notice of the intention of State Trustees to file an election was published in [ name of newspaper ], a daily newspaper circulating generally throughout Victoria on [ date ] and a copy of the notice is filed with this election and marked "A".
5. An inventory of the estate is filed with this election and
marked "B".
Date:
Signed for and on behalf of State Trustees
† By operation of section 20A(1) of the State Trustees (State Owned Company) Act 1994 , the Trustee Companies Act 1984 as in force immediately before the commencement of the Trustee Companies Legislation Amendment Act 2010 on 11 May 2010 continues to apply in respect of State Trustees.
FORM 2
IN THE SUPREME COURT OF VICTORIA IN THE PROBATE JURISDICTION
IN THE MATTER OF the *Will/*Will and Estate of [ name of deceased ], deceased
ELECTION TO ADMINISTER THE ESTATE OF A TESTATOR UNDER SECTION 11A(2) OF THE TRUSTEE COMPANIES ACT 1984 AS IN FORCE ON 10 MAY 2010 †
State Trustees elects under section 11A(2) of the Trustee Companies Act 1984 as in force on 10 May 2010 to administer the estate of the testator.
PARTICULARS
1. The deceased late of [ last residential address of deceased ] in the State of Victoria, [ last known occupation of deceased ] died on [ date ] leaving by Will property in Victoria the gross value of which is estimated by State Trustees at the time of this election not to exceed $50 000.
2. From a search in the Office of the Registrar at the time of this election, it has been found that no caveat has been lodged in respect of this matter, and that no grant of representation has been made to any person.
3. State Trustees is entitled to a grant of *probate/ *administration with the will of the deceased annexed.
4. Filed with this election and marked "A" is the last Will of the deceased.
5. A notice of the intention of State Trustees to file an election was published in [ name of newspaper ], a daily newspaper circulating generally throughout Victoria on [ date ] and a copy of the notice is filed with this election and marked "B".
6. An inventory of the estate is filed with this election and
marked "C".
Date:
Signed for and on behalf of State Trustees
*Delete if not applicable.
† By operation of section 20A(1) of the State Trustees (State Owned Company) Act 1994 , the Trustee Companies Act 1984 as in force immediately before the commencement of the Trustee Companies Legislation Amendment Act 2010 on 11 May 2010 continues to apply in respect of State Trustees.
FORM 3
STATUTORY DECLARATION UNDER SECTION 52(1) OF THE TRUSTEE COMPANIES ACT 1984 AS IN FORCE ON 10 MAY 2010 †
Name of Company (in this declaration called "the company")
*I/We, , *Managing Director/*Manager
, Chief Financial Officer
, Director
, Director
declare that—
1. On (in this declaration called the "balance date") (note 2)—
The authorised capital of the company was $ divided into shares of $ each.
The issued capital was made up of shares of $ each paid to $ per share.
The total amount of paid up capital was $ .
The uncalled capital being $ per share and amounting to $ was made up as follows—
$ per share amounting to $ which may be called up at the discretion of the company.
$ per share amounting to $ which can only be called up on and for the purpose of the winding up of the company (reserve liability).
Calls to the amount of $ per share amounting to $ had been made but remained unpaid and the shares had not been forfeited.
The net tangible assets of the company (i.e. the amount calculated by
deducting total liabilities from total tangible assets) amounted
to $ .
2. The following loans were obtained from financial institutions other than ADIs and insurance companies during the period of 3 months preceding the balance date—
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Term of loan and Maturity Date |
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3. The following contingent liabilities existed at balance date. (Show the amounts where they can be quantified)—
$'000
Guarantees of liabilities of related parties (note 1)
Guarantees of
liabilities of other persons
Other contingent liabilities (note 3)
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TOTAL | |
4. The guarantees of liabilities of related parties (note 1) stated above were made up as follows—
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Amount | |
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TOTAL | | |
5. The nature and amount of the credit and standby facilities available to the company as at balance date, a summary of the restrictions affecting those facilities and the duration of each of those facilities were as follows—
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Amount of Facility available to the company $'000 |
Amount of Facility unused at balance date $'000 |
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TOTAL |
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$'000 | |
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6. The value of trust estates in Victoria as at balance date was— | |
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(a) trust estates in Victoria of the company that consist of estates committed to the administration or management in Victoria of the company; | |
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(b) money received in Victoria by the company (not being an estate or part of an estate) for investment in a common fund; | |
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(c) other estates committed to the administration or management of the company; | |
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(d) other money received (not being an estate or part of an estate) for investment in a common fund. | |
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TOTAL | |
7. The reserve fund created under section 36(2) of the Trustee Companies Act 1984 as in force on 10 May 2010 amounted to $ at balance date and comprised the following assets—
Description
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TOTAL $ | |
8. The balance sheet as at balance date (note 2) and the profit and loss account for the 3 months ended on that date were as follows—
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BALANCE SHEET AS AT . | |
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$'000 | |
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CURRENT ASSETS (note 1) | |
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Cash with ADIs and on hand Bills receivable: | |
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ADI accepted or endorsed (note 4) | |
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other (note 4) | |
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Investments in and loans to related parties (note 1): | |
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investments (notes 4 and 5) | |
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loans: | |
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secured (notes 4 and 6) | |
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unsecured (note 4) | |
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$'000 |
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Other loans and deposits (note 7): | |
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secured (notes 4 and 6) | |
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unsecured (note 4) | |
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Government and semi-government securities (note 8) | |
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Shares, units, options, debentures and convertible notes: | |
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quoted on a prescribed financial market: | |
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market value $ (notes 1, 4 and 5) | |
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not quoted on a prescribed financial market (note 4) | |
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Interests in partnerships, trusts and unincorporated joint ventures (notes 4 and 9) | |
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Lease receivables (note 4) | |
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Property held for resale (note 4) | |
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Other current assets (notes 3 and 4) | |
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TOTAL CURRENT ASSETS | |
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NON-CURRENT ASSETS (note 1) | |
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Bills receivable: | |
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ADI accepted or endorsed (note 8) | |
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other (note 8) | |
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Investments in and loans to related parties (note 1): | |
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investments (notes 5 and 8) | |
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loans: | |
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secured (notes 6 and 8) | |
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unsecured (note 8) | |
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Other loans and deposits (note 7): | |
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secured (notes 6 and 8) | |
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unsecured (note 8) | |
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Government and semi-government securities (note 8) | |
| | |
| | |
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Shares, units, options, debentures and convertible notes: | |
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quoted on a prescribed financial market— | |
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market value $ (notes 1, 5 and 8) | |
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not quoted on a prescribed financial market | |
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Interests in partnerships, trusts and unincorporated joint ventures (notes 8 and 9) | |
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Lease receivables (note 8) | |
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$'000 | |
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Property held for resale (note 8) | |
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Property, plant and equipment (note 8) | |
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Intangible assets (notes 3 and 8) | |
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Other non-current assets (notes 3 and 8) | |
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TOTAL NON-CURRENT ASSETS | |
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TOTAL ASSETS | |
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CURRENT LIABILITIES (note 1) | |
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ADI overdrafts and loans: | |
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secured (note 6) | |
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unsecured | |
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Loans from other financial institutions: | |
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secured (note 6) | |
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unsecured | |
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Bills payable and liabilities under promissory notes | |
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Subordinated loans from related parties (note 1) | |
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Clients' balances and deposits: | |
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secured (notes 3 and 6) | |
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unsecured | |
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Trade creditors and accrued expenses | |
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Lease payables | |
| | |
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Provisions: | |
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income tax | |
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dividends | |
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other | |
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Deferred income (notes 3 and 10) | |
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Other amounts payable: | |
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secured (notes 3 and 6) | |
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unsecured (note 3) | |
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TOTAL CURRENT LIABILITIES | |
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$'000 | |
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NON-CURRENT LIABILITIES (note 1) | |
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ADI overdrafts and loans: | |
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secured (note 6) | |
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unsecured | |
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Loans from other financial institutions: | |
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secured (note 6) | |
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unsecured | |
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Bills payable and liabilities under promissory notes | |
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Subordinated loans from related parties (note 1) | |
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Clients' balances and deposits: | |
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secured (notes 3 and 6) | |
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unsecured | |
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Lease payables | |
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Provisions: | |
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income tax | |
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other | |
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Deferred income (notes 3 and 10) | |
| | |
| | |
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Other amounts payable: | |
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secured (notes 3 and 6) | |
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unsecured (note 3) | |
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TOTAL NON-CURRENT LIABILITIES | |
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TOTAL LIABILITIES | |
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NET ASSETS/SHAREHOLDERS' FUNDS | |
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LESS: INTANGIBLE ASSETS | |
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NET TANGIBLE ASSETS | |
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PROFIT AND LOSS ACCOUNT FOR THE 3 MONTH | |
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Operating profit (loss) | |
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Income Tax | |
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Operating Profit (loss) after income tax | |
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Profit (loss) on extraordinary items after income tax | |
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Net profit (loss) | |
Please state details of—
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(i) |
material profits arising from the sale of non-current assets; and |
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(ii) |
material increases arising from the revaluation of non-current assets; and |
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(iii) |
abnormal items, |
accredited as revenue.
Please state details of—
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(i) |
material losses arising from the sale of non-current assets; and |
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(ii) |
material decreases arising from the revaluation of non-current assets; and |
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(iii) |
abnormal items, |
charged as expense.
At balance date the company had the following contingent liabilities (note 11):
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(i) |
name of potential creditor(s): |
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(ii) |
estimate of amount of contingent liabilities: |
9. In our opinion the balance sheet and the profit and loss account of the company have been drawn up so as to give a true and fair view of the state of affairs of the company as at balance date and the profit or loss of the company for the period ended on that date.
10. The classification of assets and liabilities and the valuation of assets in the balance sheet are based upon the company's intentions at balance date as to the use or disposal of those assets and the repayment of liabilities.
11. In our opinion, at the date of this declaration, there are reasonable grounds to believe that the company will be able to pay its debts as and when they fall due.
12. During the period of 3 months preceding the balance date:
There had been the following significant changes in the nature of the principal activities of the company (note 12):
The following items, transactions or events of a material and unusual nature affected the results of the company's operations or its state of affairs (note 12):
The provisions of the Trustee Companies Act 1984 as in force on 10 May 2010 in respect of investment of moneys held by the company on trust had been complied with.
The company had complied with all other requirements of the Trustee Companies Act 1984 as in force on 10 May 2010.
13. The following matters or circumstances have arisen since the balance date and have significantly affected or may significantly affect:
(a) the operations of the company; or
(b) the results of those operations; or
(c) the state of affairs of the company,
in subsequent periods (note 12)—
and we acknowledge that this declaration is true and correct, and it is made in the belief that a person making a false declaration is liable to the penalties of perjury.
Name: Position:
Signature:
Declared at on
before me
(A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration)
Name: Position:
Signature:
Declared at on
before me
(A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration)
Name: Position:
Signature:
Declared at on
before me
(A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration)
Name: Position:
Signature:
Declared at on
before me
(A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration)
*Delete if not applicable.
NOTES
1. In this Form—
"current assets" means cash or other assets which, in the normal course of business, would be consumed or converted into cash within 12 months of balance date;
"non-current assets" means assets which, in the normal course of business, would be consumed or converted into cash after 12 months of balance date;
"current liabilities" means liabilities which, in the normal course of business, would be due and payable within 12 months of balance date;
"non-current liabilities" means liabilities which, in the normal course of business, would be due and payable after 12 months of balance date;
"prescribed financial market" means a prescribed financial market within the meaning of section 9 of the Corporations Act;
"related party" in relation to the company, means—
(a) a related corporation; or
(b) the director, executive officer or secretary of the company; or
(c) the director, executive officer or secretary of a related corporation controlled by the director, executive officer or secretary of the company; or
(d) a person who is an associate, within the meaning of Division 2 of Part 1.2 of the Corporations Act, of the company.
2. Show the date of the last day of the 3 month period.
3. Provide details of major components if the total amount is material.
4. State at lower of cost and net realisable value.
5. Indicate types of investments by broad categories.
6. Indicate the nature and extent of security by broad categories.
7. Includes mortgages.
8. State at cost or valuation less amounts written off or provided for depreciation or permanent diminution in value.
9. Indicate the nature and extent of the interests by broad categories.
10. Unearned income must not be included in an estimate of the gross amount of a class of debts unless the amount of unearned income so included is shown as a deduction from the estimate of the gross amount of the class of debts concerned.
11. Briefly explain how each contingent liability
arose.
Indicate the likelihood of each contingent liability being realised.
List any contingent liability which has ceased to exist since the last
quarterly report. Briefly explain why.
12. If no change insert "nil".
† By operation of section 20A(1) of the State Trustees (State Owned Company) Act 1994 , the Trustee Companies Act 1984 as in force immediately before the commencement of the Trustee Companies Legislation Amendment Act 2010 on 11 May 2010 continues to apply in respect of State Trustees.