Grants of Representation

Probate

• Grant of Probate (with a valid Will)

• Forms of Grants of Probate:-
  • For example: to substituted executor, instituted executor, leave reserved, renounced

• Renunciation and verification

• Revocation

Letters of Administration (intestacy)

• Types of Grants:-
  • Letters of Administration with the Will annexed (Administrator of Estate proves a valid Will)
  • Letters of Administration (no valid Will)

• Distribution of estate:-
  • Spouse and children
    • ss 51 and 52 Administration and Probate Act 1958 (Vic)
  • Single
  • Domestic partner eg de facto, same sex
    • Statute Law (Relationships) Amendment Act 2001 (Vic)
    • S 51A Administration and Probate Act 1958 (Vic)

• Surety Guarantees
  • Applications, dispensation and Affidavits of Justification

Specialist Grants

• Copy of or reconstructed Will (Will missing or destroyed)

• Letters of Administration ad colligenda bona (collecting and preserving deceased's goods)
  • Usually used in an emergency to appoint an Administrator to deal with property subject to waste or danger
  • Re Cohen [1975] VR 187

• Letters of Administration de bonis non (of goods not administered)
  • Usually used when the sole Administrator cannot be located or dies during estate administration or if an Executor dies breaking the chain of representation
  • In the Will of Alan (dec'd) [1912] VLR 286

• Grant durante minore aetate (during minority)
  • Usually used if the Executor named in the Will is under 18 years of age
  • Re Riordan (dec'd) [1961] VR 271

• Letters of administration durante absentia (during absence)
  • Usually used when the Executor is not residing within Victoria after 1 year from the date of death
  • S 24 Administration and Probate Act 1958 (Vic)

• Letters of Administration pendente lite (pending litigation)
  • Usually used to enable due administration of the estate during court proceedings
  • Salter v Salter (1896) P 291

• Letters of Administration ad litem (purposes of suit)
  • Usually used when the estate is required to be represented in court proceedings
  • Greenway v McKay (1911) 12 CLR 310

• Letters of Administration durante dementia (mental incapacity)
  • Usually used if the Executor cannot act due to mental incapacity
  • In the Estate of Boyd (1855) 11 VLR 117

• Probate or Letters of Administration cum testamento annexo (with the Will annexed)
  • Usually used for proof in solemn form (ie, made by a Judge rather than by the Registrar of Probates)

Recognising Foreign Grants in Victoria

• Reseals:-
  • Interstate:- New South Wales, Queensland, South Australia, Western Australia, Tasmania
  • Foreign:- countries include: United Kingdom (inc Northern Ireland and Channel Islands), New Zealand, Fiji, Alberta, British Columbia, Gibraltar, Guyana, Hong Kong, Kenya, Manitoba, Malaysia, Nova Scotia, Ontario, Papua New Guinea, Saskatchewan and Singapore
    • s 88 Administration and Probate Act 1958 (Vic)

• Exemplifications

Documents Required to Assist with Grants of Representation

• Affidavit of Due Execution
• Affidavit of Medical Practitioner
• Affidavit of Interpreter