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VIC – Probate eFiling and using LEAP

RedCrest-Probate is a method of eFiling for Lawyers to prepare a limited number of pre-populated documents and lodge the remaining documents electronically.  RedCrest-Probate will take effect from 1 July 2020.

Which documents must be generated in the RedCrest-Probate system?

The RedCrest-Probate system will generate all Originating Motions and Caveats.

Which documents can you still complete in LEAP?

Apart from the Originating Motion and Caveat, all other forms filed with the Probate Office CAN be prepared by you in LEAP and uploaded to the RedCrest-Probate system in PDF format.

In the RedCrest-Probate system, you should answer ‘yes’ when asked if you have already prepared your documents. You will complete some mandatory questions, then upload your pre-prepared documents rather than generating the documents via the system. For example, if you prepared an Inventory of assets/ liabilities in LEAP, you will only need to enter the total value of Victorian assets on the ‘Deceased’s assets and liabilities’ screen within the system.

Why complete applicable documents in LEAP for uploading to RedCrest-Probate?
  • Drafts will ONLY remain in the RedCrest-Probate system for 30 days after the date they were last saved.  Important information may be lost if you haven’t remembered to go back in to RedCrest and re-save your draft to retain it.  RedCrest does not provide an email reminder for you to save your drafts.  You may of course need to work on Inventory and Affidavit documents for longer than the 30 day period.
  • Some of the documents generated within RedCrest, such as the Affidavit, will be downloadable .docx Word format documents. This will therefore require you to:
    –      download the document from RedCrest;
    –      save to your LEAP matter for completion (with no automation from your matter);
    –      convert to PDF; and
    –      upload back to the RedCrest-Probate system.
    Therefore, for improved efficiency, you can simply:
    –      complete these documents directly in LEAP (which includes full automation from your matter);
    –      convert to PDF (as LEAP already has this function availability in your matter); and
    –      upload the PDF to the RedCrest-Probate system.
  • When completing applications within RedCrest-Probate for limited grants and when applying for probate pursuant to leave reserved or rights saved, the Affidavit required to support the application will not be generated by RedCrest-Probate, rather you must complete your Affidavit in LEAP and upload in PDF format.
  • Completing information in your LEAP matter (of assets, liabilities etc) provides a full record of your matter data, accessible at any time, and in compliance with record keeping requirements.

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VIC – Family Provision Claims matter type

Following client feedback, the following Critical Dates have been added to Calendar & Tasks in the Family Provision Claims matter type:

  • Summons filed
  • First Directions Date
  • Further Directions Date
  • Hearing Date

If you have feedback on this matter type, please provide it here.

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VIC – Power of Attorney – Advanced Care Directive

As requested by several clients, we updated the coding in the following forms:

  • Advance care directive for adults   (LL-VIC-WPA-059)
  • Appointment of medical treatment decision maker   (LL-VIC-WPA-060)
  • Appointment of medical treatment decision maker – long format   (LL-VIC-WPA-065)
  • Appointment of support person   (LL-VIC-WPA-061)

The forms will populate for the following matter types:

  • Power of Attorney Client 1 and Client 1 and Client 2
  • Will – One person
  • Will – Two people appointing each other

 

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VIC – Supreme Court – Exhibits – Oaths and Affirmations Act 2019

As a result of the recent implementation of the Oaths and Affirmations Act 2018 and on the advice of the Probate Registrar in Victoria, any document that requires an Exhibit, will also need to be signed/executed by the person or parties executing the original Affidavit.

This being the case, the following documents have been updated and will be available for use from today.  They will now allow for the signature of the relevant Deponent to sign/execute the Exhibit document –

  • Certificate identifying Exhibit (LL-VIC-SC-0020)
  • Exhibit note – advertisement (LL-VIC-EST-0202)
  • Exhibit note – certified copy of death registration (LL-VIC-EST-0203)
  • Inventory of assets and liabilities (LL-VIC-EST-0207)

We have also been advised that the transition period (which ends on 31 December 2019) only applies to Statutory Declarations and not to Affidavits.

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VIC – Supreme Court – Estate forms – Oaths and Affirmations Act 2018

To accord with the recent changes to the Oaths and Affirmations Act 2018, which came into effect on 1 March 2019, the following forms have been updated –

  • Affidavit of due execution – willmaker signed (LL-VIC-EST-0003)
  • Affidavit of executors or administrators (LL-VIC-EST-0226)
  • Affidavit of publication of notice and searches with advertisement exhibit attached (LL-VIC-EST-0196)
  • Affidavit in support of application for commission Form 3-10B (LL-VIC-EST-0197)
  • Affidavit verifying renunciation of probate (LL-VIC-EST-0199)
  • Exhibit note – advertisement (LL-VIC-EST-0202)
  • Exhibit note – certified copy of death registration (LL-VIC-EST-0203)
  • Inventory of assets and liabilities (LL-VIC-EST-0206)
  • Surety’s guarantee – affidavit of justification Form 3-7B (LL-VIC-EST-0195) – note also this form name has changed

We have also been advised that the transition period (which ends on 31 December 2019) only applies to Statutory Declarations and not to Affidavits.

Other forms updated as a result of formatting changes were –

  • Caveat Form 3-8A (LL-VIC-EST-0200)
  • Consent Form 3-10C (LL-VIC-EST-0201)
  • General form of heading – between parties Form 3-1B (LL-VIC-EST-0204)
  • General form of heading – no defendant Form 3-1A (LL-VIC-EST-0205)
  • Notice of making of grant (LL-VIC-EST-0207)
  • Notice of withdrawal of caveat Form 3-8B (LL-VIC-EST-0208)
  • Order for commission Form 3-10E (LL-VIC-EST-0209)
  • Order of the Registrar for grant of probate or administration (LL-VIC-EST-0210)
  • Originating motion Form 3-2A (LL-VIC-EST-0211)
  • Renunciation of probate (LL-VIC-EST-0214)
  • Request for notice of making of grant Form 3-6A (LL-VIC-EST-0215)
  • Request for notification of application for commission Form 3-10D (LL-VIC-EST-0216)
  • Surety’s guarantee Form 3-7A (LL-VIC-EST-0217)
  • Summons Form 3-10A (LL-VIC-EST-0218)

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VIC – Transfer of Land – Interactive PDF

LEAP is pleased to announce its first interactive PDF in the form of the Victorian Transfer of Land (LL-VIC-LTO-453).

This form will work in the following matter types –

  • Conveyancing – Purchase
  • Estates – Probate, Letters of Administration & Letters of Administration with Will Annexed
  • Family Law – Divorce, Property & Children and Property/Financial

For Estate matter types, the Executors or Administrators will be entered on the PDF as the Transferor/s and Transferee names will come from a one-off dialog for operator entry.  If this information is incorrectly entered, you can either update the information on the document or re-run the dialog by selecting the ‘Update’ option on the toolbar.

In a Family Law matter this document has been configured to work with only 1 Transferor and 1 Transferee as we are assuming that property is being transferred from either both parties or one party to the other party.  If the property is to be sold, then we are expecting that a Sale matter will be created and therefore the Transferee (Purchaser) will produce the document from a Conveyancing matter.

For more information on how to use an interactive PDF please refer to this article on LEAP Community.

IMPORTANT  – There are some specific software requirements to have this form work correctly.  They are –

  • LEAP Version 1.17 must be installed; and
  • Adobe Acrobat Reader DC (which is a free version) must be installed.

Operators will notice that the form comes to screen much quicker and there are less questions for operator input.  Information will populate from the matter and options can be changed if required.  All execution options are available as dropdown lists and all formatting is controlled by the PDF document.  This form will work in a similar way to the form on Land Use Victoria’s website.

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VIC – State Revenue Office

The State Revenue Office have provided us with an up to date copy of the form – Notice of acquisition of an interest in land  (LL-VIC-SRO- 011) and this has been reinstated in the State Revenue Office folder for Conveyancing files.

We have also reinstated the following two forms –

  • Notice of acquisition of an interest in land – Family Law only (LL-VIC-SRO-314); and
  • Notice of acquisition of an interest in land – Estate Matters only (LL-VIC-SRO-349).

These forms have been shortcutted to the relevant Matter Types.

Changes have also been made to the Property Layout > Acquisition Property codes as they also have been updated.

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VIC – State Revenue Office

In 2017 the State Revenue Office introduced Duties Online where the old Duties Forms previously lodged in paper format were replaced with online Smartform technology.  Since the introduction of the Duties Online Smartform, numerous other forms have been replaced with this new functionality.  We have done a review of the State Revenue Office forms in LEAP and have removed the following forms that are no longer available on the SRO website to accord with the SRO’s requirements –

  • Deceased Estate – Commencement of administration (LL-VIC-SRO-412)
  • Deceased Estate – Completion of administration (LL-VIC-SRO-413)
  • Goods statement for residential land (LL-VIC-SRO-006)
  • Goods statutory declaration (LL-VIC-SRO-007)
  • Land use entitlement acquisition statement (LL-VIC-SRO-428)
  • Notice of acquisition of an interest in land (LL-VIC-SRO-011)
  • Notice of acquisition of an interest in land – Estate matters only (LL-VIC-SRO-349)
  • Notice of acquisition of an interest in land – Family Law only (LL-VIC-SRO-314)
  • Notice of disposition of an interest in land (LL-VIC-SRO-335)
  • Notice of disposition of an interest in land – Estate Matters only (LL-VIC-SRO-350)
  • Notice of trust acquisition of an interest in land (LL-VIC-SRO-012)
  • Principal place of residence (PPR) concession and eligible first home buyer duty reduction declaration (LL-VIC-SRO-400)
  • Purchaser Statement (LL-VIC-SRO-437)
  • Real Property value statutory declaration (LL-VIC-SRO-017)
  • Section 80 – Land Rich Acquisition (LL-VIC-SRO-315)
  • Section 83 – Landholder Acquisition Statement (LL-VIC-SRO-365)
  • Statement on change of beneficial ownership of dutiable property (LL-VIC-SRO-020)
  • Transactions treated as sub-sales of land – statutory declaration (LL-VIC-SRO-022)
  • Transfer between spouses domestic partners – Family Law only (LL-VIC-SRO-402)

The forms now available in LEAP have also been reviewed and updated where required.  Please see Forms Blog entry from April 2018 for further information regarding these forms.

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VIC – Land Use Victoria

This is a reminder to ensure firms are utilising the latest versions of the Land Use Victoria forms within LEAP, as these forms have recently been updated as per the requirements of Land Use Victoria, as of 9 March 2018.

Submitting forms completed prior to the above date may result in the forms being rejected by Land Use Victoria.

For information on the Land Use Victoria forms available in LEAP please visit the entry on the Forms Blog dated 9 March 2018.