Supreme Court (Chapter III Probate Advertising Amendment) Rules 2024 (Vic)

Supreme Court (Chapter III Probate Advertising Amendment) Rules 2024

S.R. No. 79/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Definitions

5Notice of intention to apply—application for probate

6New Rule 3.02.1 inserted

7Notice of intention to apply—application for administration upon intestacy

8Advertisement of intention to apply for seal of Court on foreign grant

9Notice of intention to administer by State Trustees under section 79 of the Act

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Endnotes

STATUTORY RULES 2024

S.R. No. 79/2024

Supreme Court Act 1986
Administration and Probate Act 1958

Supreme Court (Chapter III Probate Advertising Amendment) Rules 2024

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to make miscellaneous amendments to Chapter III of the Rules of the Supreme Court in relation to administration and probate procedures.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, the Administration and Probate Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 11 November 2024.

4Definitions

In Rule 1.04(1) of the Supreme Court (Administration and Probate) Rules 2023[1], the definition of Court's website is revoked.

5Notice of intention to apply—application for probate

(1)In Rule 2.03 of the Supreme Court (Administration and Probate) Rules 2023—

(a)in paragraph (1), for "the Court's website" substitute "RedCrest-Probate";

(b)in paragraph (2)(a), for "address" substitute "last known address";

(c)in paragraph (2)(b), after "deceased" insert "and the date of any codicil to the will of the deceased";

(d)in paragraph (2)(c), after "of the will" insert ", including who is applying and, if applicable, why any executor is not applying";

(e)in paragraph (2)(d) omit "and address";

(f)in paragraph (2)(e) omit "14 days after posting the notice on the Court's website".

(2)After Rule 2.03(2)(a) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(ab)any known aliases of the deceased;

(ac)the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead;".

(3)After Rule 2.03(3) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(4)A notice posted in accordance with this Rule is valid for 3 years from the date it is posted.".

6New Rule 3.02.1 inserted

After Rule 3.02 of the Supreme Court (Administration and Probate) Rules 2023 insert—

"3.02.1   Notice of intention to apply—application for administration with the will annexed

(1)An application under Rule 3.02 shall not be made unless, not less than 14 days before it is made, a notice of the applicant's intention to apply for a grant of administration with the will annexed has been duly posted on RedCrest-Probate.

(2)The notice shall include—

(a)the name and last known address of the deceased;

(b)any known aliases of the deceased;

(c)the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead;

(d)the date of the will of the deceased and the date of any codicil to the will of the deceased;

(e)the name of any persons identified in the will as the executors of the will, and, if applicable, why any executor is not applying;

(f)the name of any person who is applying and the standing of that person to apply;

(g)the name and the email address of—

(i)the applicant; or

(ii)if the application is to be made by a solicitor on the applicant's behalf or by a trustee company under the Trustee Companies Act 1984, the solicitor or the trustee company, as the case may be;

(h)a statement that the applicant intends to apply for a grant of administration with the will annexed of the estate of the deceased.

(3)If the Registrar is not satisfied that the notice is sufficient advertisement of the applicant's intention, the Registrar may require a further notice to be given, as the Registrar may direct.

(4)A notice posted in accordance with this Rule is valid for 3 years from the date it is posted.".

7Notice of intention to apply—application for administration upon intestacy

(1)In Rule 4.03 of the Supreme Court (Administration and Probate) Rules 2023—

(a)in paragraph (1), for "the Court's website" substitute "RedCrest-Probate";

(b)in paragraph (2)(a), for "address" substitute "last known address";

(c)in paragraph (2)(c), after "deceased" insert "and the standing of that person to apply";

(d)in paragraph (2)(d) omit "and address";

(e)in paragraph (2)(e) omit "14 days after posting the notice on the Court's website".

(2)After Rule 4.03(2)(a) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(ab)any known aliases of the deceased;

(ac)the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead;".

(3)After Rule 4.03(3) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(4)A notice posted in accordance with this Rule is valid for 3 years from the date it is posted.".

8Advertisement of intention to apply for seal of Court on foreign grant

(1)In Rule 5.04 of the Supreme Court (Administration and Probate) Rules 2023—

(a)in paragraph (1), for "the Court's website" substitute "RedCrest-Probate";

(b)in paragraph (2)(a), for "address" substitute "last known address";

(c)in paragraph (2)(b)(i), after "deceased" insert "and the date of any codicil to the will of the deceased";

(d)in paragraph (2)(b)(ii), after "of the will" insert ", including who is applying and, if applicable, why any executor is not applying";

(e)in paragraph (2)(c)(ii), after "deceased" insert "and the standing of that person to apply";

(f)in paragraph (2)(d) omit ", address";

(g)in paragraph (2)(f) omit "14 days after posting the advertisement on the Court's website".

(2)After Rule 5.04(2)(a) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(ab)any known aliases of the deceased;

(ac)the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead;".

(3)After Rule 5.04(3) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(4)A notice posted in accordance with this Rule is valid for 3 years from the date it is posted.".

9Notice of intention to administer by State Trustees under section 79 of the Act

(1)In Rule 6.11 of the Supreme Court (Administration and Probate) Rules 2023—

(a)in paragraph (1), for "the Court's website" substitute "RedCrest-Probate";

(b)in paragraph (2)(a), for "address" substitute "last known address";

(c)in paragraph (2)(b) omit "address and";

(d)in paragraph (2)(c), for "the Court's website" substitute "RedCrest-Probate".

(2)After Rule 6.11(2)(a) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(ab)any known aliases of the deceased;

(ac)the deceased's date of death, or if that date is not known, the dates between which the deceased died, or that the deceased is presumed dead;".

(3)After Rule 6.11(2) of the Supreme Court (Administration and Probate) Rules 2023 insert—

"(3)A notice posted in accordance with this Rule is valid for 3 years from the date it is posted.".

Dated:   22 August 2024

ANNE FERGUSON, C.J.

S. G. E. McLEISH, J.A.

R. NIALL, J.A.

M. E. KENNEDY, J.A.

K. WALKER, J.A.

KEVIN J. A. LYONS, J.A.

C. B. BOYCE, J.A.

R. J. ORR, J.A.

ANTHONY CAVANOUGH, J.

JAMES D. ELLIOTT, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

MICHAEL McDONALD, J.

A. J. KEOGH, J.

M. N. CONNOCK, J.

ANDREW J. TINNEY, J.

L. M. NICHOLS, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

S. A. O'MEARA, J.

RICHARD ATTIWILL, J.

AMANDA FOX, J.

ANDREA TSALAMANDRIS, J.

P. R. D. GRAY, J.

P. MATTHEWS, J.

I. WALLER, J.

C. M. HARRIS, J.

A. J. WATSON, J.

P. COSGRAVE, J.

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ENDNOTES

[1] Rule 4: S.R. No. 125/2023.