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ACT – Estates matter type improvements

The ACT Estate tables have been significantly updated to allow for improved automation of Estate Court forms.  These changes will be effective Monday, 4 November. This will save users considerable time in preparation of Court forms.  Subsequently, there is now essential data that must be completed within your LEAP matter as clauses within the Court forms will populate according to either completion or non-completion of these tables.

Probate details, Letters of Administration details, and Estate Accounts details Tables

User completion of all fields, including the following new or amended fields, is ESSENTIAL when applicable for advanced automation of the Court forms:

  • Addition of new field Martial status that will automate from Deceased’s card
  • Addition of new field Enter spouse/defacto name, if applicable – where a name is completed the wording of the Court forms will populate and change accordingly
  • Amend wording of current Date of marriage field to Date of marriage/ partnership/ union with a calculation from this field and the Date of Will field to determine if this date entered is after the date the will was made – therefore populating the relevant correct wording within the Court forms
  • Creation of new field After the Will was made, was the Deceased’s? with a drop-down list when completed will populate the relevant correct wording of the Court forms. The drop-down list includes:
    • Marriage terminated by Divorce
    • Marriage Annulled
    • Civil union terminated
    • Civil partnership terminated
    • Not applicable
  • Addition of If so, Date field to be completed if the After the Will was made, was the Deceased’s? field applies to the matter
  • Addition of new field If Yes, are you in possession of the other document? – completion required where you have answered ‘Yes’ that you are aware of the existence of another document purporting to embody the testamentary intentions of the deceased

In addition, the following tidying has been undertaken:

  • Reordering of fields in tables so that matter completion aligns with matter processes
  • Remove references to ‘in the Sydney Morning Herald’
  • Notations now appear in blue font for your ease

Forms Re-coded

The following Court forms have been re-coded for improved automation from the changes to the above tables:

  • Affidavit of applicant for probate – Form 3.11 (LL-ACT-SC-0188)
  • Affidavit of applicant for administration – no will – Form 3.13 (LL-ACT-SC-0190)
  • Affidavit of applicant for administration – with will – Form 3.12 (LL-ACT-SC-0186)
  • Affidavit of applicant for reseal of foreign grant – Form 3.19 (LL-ACT-SC-0196)
  • Affidavit of justification – Form 3.22 (LL-ACT-SC-0199)
  • Affidavit in support of application by public trustee and guardian – Form 3.23 (LL-ACT-SC-0200)
  • Accountants certificate of correctness of accounts – Form 2.82 (LL-ACT-SC-0105)
  • Administration bond – Form 3.21 (LL-ACT-SC-0198)
  • Executors administrators or trustees affidavit and account – Form 2.79 (LL-ACT-SC-0102)
  • Notice of intended distribution – Form 1 (LL-ACT-SC-0249)

If you believe there are further Court forms that could be re-coded with the improved automation, please email content@leap.com.au

Critical Dates

Renaming Critical Dates Notice of intended application published and Notice of intended distribution published, so that they refer to the word ‘published’ not ‘advertised’ for consistency across matter types.

Default tables used

  • Addition of Transferor and Transferee to the default table types in matter types
  • Reordering of default table types

IMPORTANT NOTE: FULLY AUTOMATED INVENTORY OF PROPERTY – STAGE 2 IMPROVEMENTS

Stage 2 of the improved automation will include a fully automated Inventory of Property within the Court forms and you will note some changes to the Assets and Liabilities tables have already taken place, including the Owned drop-down list, in readiness.

We are asking for feedback for the fully automated Inventory of Property.  If you would like to provide such feedback, please email the Content team at content@leap.com.au so that we can finalise the Stage 2 release, which will be of great benefit to our clients.

 

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ACT – Estates Critical Dates

The Content Team have added the following NEW critical dates to Calendar & Tasks in ACT Estate matter types in Desktop:

Notice of intended application advertised First date application can be
made		 Date of grant
Realisation of Assets complete Notice of intended distribution advertised Date for distribution
Interim distribution date Final distribution date Distribution under family provision legislation

Dates that appear on the Estate Details layout and critical dates will be entered in Calendar & Tasks and will pre-populate to the layout.

To greatly assist your workflow, you can create “Recurring Task” templates or “Due Date Tasks” based on the critical dates entered within your matter (which integrate with Outlook).

See LEAP Communities to create Recurring Task templates across your Estate matters so that these are created once and used on multiple matters.

See LEAP Communities to also create Due Date Tasks.  Within the Task created, you can also:

  • Assign a Task to other staff
  • Add/record Time/Fee Entry
  • Create and email Status Reports to staff
  • Set a Follow Up
  • Set Recurrence
  • Assign to another Matter
  • Mark Complete

Tasks created will appear in the Tasks List of the matter and will be crossed/grayed out when you mark them as Complete.  You will also receive ‘Task Due Notifications’ in your matter lists.  These notifications are hyperlinks, therefore, you can click on them and you will be taken directly to the Task itself in the matter.

For more articles regarding Calendar & Tasks see LEAP Communities.

NOTE: If you would like the new critical dates to appear in your “existing” matters, you will need to change the matter type to a different matter type, save, and then change back again to the correct matter type, this will “refresh” the critical date scheme.

Provide feedback on the new Estates critical dates here.

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ACT – Land Titles Office

The form entitled ‘Notice of death by surviving proprietor‘ – Form 015 – (LL-ACT-LT-040) has been updated to version AF2018-34 and supersedes AF2018-10.

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ACT Court Procedures Rules 2006 forms update

The following Court Procedures Rules 2006—forms have been updated:-

  • Form 3.1 — Originating application—probate (LL-ACT-SC-0178)
  • Form 3.2 — Originating application—letters of administration—with will (LL-ACT-SC-0179)
  • Form 3.3 — Originating application—letters of administration—no will (LL-ACT-SC-0180)
  • Form 3.4 — Grant of probate (LL-ACT-SC-0181)
  • Form 3.5 — Grant of letters of administration—with will (LL-ACT-SC-0182)
  • Form 3.6 — Grant of letters of administration—no will (LL-ACT-SC-0183)
  • Form 3.10 — Consent to administration of estate (LL-ACT-SC-0187)
  • Form 3.11 — Affidavit of applicant for probate (LL-ACT-SC-0188)
  • Form 3.12 — Affidavit of applicant for administration—with will (LL-ACT-SC-0189)
  • Form 3.13 — Affidavit of applicant for administration—no will (LL-ACT-SC-0190)
  • Form 3.14 — Affidavit of search (LL-ACT-SC-0191)
  • Form 3.15 — Renunciation of probate (LL-ACT-SC-0192)
  • Form 3.16 — Originating application—reseal of foreign grant (LL-ACT-SC-0193)
  • Form 3.17 — Reseal of foreign grant (LL-ACT-SC-0194)
  • Form 3.19 — Affidavit of applicant for reseal of foreign grant (LL-ACT-SC-0196)
  • Form 3.20 — Affidavit of search—reseal of foreign grant (LL-ACT-SC-0197)
  • Form 3.21 — Administration bond (LL-ACT-SC-0198)
  • Form 3.22 — Affidavit of justification (LL-ACT-SC-0199)
  • Form 3.23 — Affidavit in support of application by public trustee and guardian (LL-ACT-SC-0200)
  • Form 3.24 — Notice of renunciation of probate in favour of public trustee and guardian (LL-ACT-SC-0201)
  • Form 3.25 — Notice of renunciation of letters of administration in favour of public trustee and guardian (LL-ACT-SC-0202)
  • Form 3.26 — Caveat (LL-ACT-SC-0203)
  • Form 3.27 — Notice of withdrawal of caveat (LL-ACT-SC-0204)
  • Form 5.1 — Appeal from Registrar—notice of appeal (LL-ACT-SC-0013)

 

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NSW – UCPR

The following UCPR forms have been reviewed and updated:-

  • Consent of Affected Person (Form 134) – LL-NSW-EST073;
  • Consent to Distribution of Gift (Form 133) – LL-NSW-EST070;
  • Consent to Administration (Form 125) – LL-NSW-EST061;
  • Notice of Motion Default Judgment on Claim for Possession of Land (Form 36) – LL-NSW-UCP044;
  • Notice of Motion Charging Order (Form 73) – LL-NSW-USP081;
  • Notice of Motion Garnishee Order (Form 69) – LL-NSW-UCP077;
  • Notice of Motion Writ for Possession of Land (Form 59) – LL-NSW-UCP067;
  • Notice of Motion Arrest Warrant for Examination (Form 57) – LL-NSW-UCP065;
  • Registrar’s Examination – Corporation (Form 56) – LL-NSW-UCP064;
  • Notice of Motion (Form 53) – LL-NSW-UCP061;
  • Notice of Motion to Pay by Instalments – Individual (Form 46) – LL-NSW-UCP054;
  • Notice of Motion Default Judgment for Unliquidated Damages (Form 39) – LL-NSW-UCP047;
  • Notice of Motion Default Judgment for Liquidated Claim (Form 38) – LL-NSW-UCP046;
  • Notice of Motion Default Judgment for Detention of Goods (Form 37) – LL-NSW-UCP045;
  • Notice of Motion Rehearing After Arbitration (Form 32) – LL-NSW-UCP040; and
  • Notice to Plead Facts Money Claims (Form 16) – LL-NSW-UCP024.