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VIC Estates

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VIC – Probate – Supreme Court forms

Please note that the Inventory of Assets and Liabilities precedent is now located within a sub-folder labelled Pre-RedCrest Probate – Form no longer on Court website. The currency of this precedent is as per as it was published by the Courts prior to going online with RedCrest-Probate. As this document is now filed electronically via the online lodgement portal and the document is no longer published on the Court website nor within the Court rules, the document will not correspond to any updates made in the digital version of the form. For further queries of the availability of this form on the Court’s website, please contact the Supreme Court Probate office for more details.

The document has been included in LEAP following feedback by clients that the availability of this document assists them in preparing their Probate applications however, usage of this document is at clients’ discretion. Please refer to the disclaimer document located within this sub-folder when using the Inventory of Assets and Liabilities.

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VIC – Estates

The following new form has been created:

  • Request to search probate records [LL-VIC-EST-229]

This form can be found at:  VIC > Estates > Probate > LEAP Forms > Supreme Court

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VIC – Probate eFiling and LEAP integration

Transition to mandated e-filing for VIC probate matters with integration between LEAP and InfoTrack

Further to our recent forms blog on 16 June regarding the Supreme Court of Victoria mandating that all Probate originating motions must be filed electronically, we are pleased to advise that InfoTrack now provides a seamless transition to this mandated process with the solution of filing ‘New Applications’ quickly and seamlessly via LEAP.

Up to 70% of the efiling form will be populated from data entered in your LEAP matter.  You can also elect to upload your LEAP pre-prepared supporting documents.

Read more here: https://www.infotrack.com.au/products/sync-efile-court-documents/

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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)