We have created the Probate Office – Lodging Fee as at 1 July 2019 form (LL-VIC-EST-0228).
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.
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)
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.
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.
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.
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.
VIC – Land Registry Forms
Recently we had to remove the Land Titles Office forms from LEAP. The reason for these forms being removed was due to a problem where some forms were not being accepted by Land Use Victoria.
At the time, we notified our clients of their removal and we are now pleased to advise that the following forms are now available in LEAP –
- Application by responsible authority for the making of a recording of an agreement (LL-VIC-LTO-443)
- Application by legal personal representative (LL-VIC-LTO-427)
- Application by surviving proprietor (LL-VIC-LTO-428)
- Application for a new certificate of title in place of one lost, destroyed or obliterated (LL-VIC-LTO-442)
- Application for amendment or alteration of registered proprietor’s address (LL-VIC-LTO-447)
- Application for new folio of the register (LL-VIC-LTO-446)
- Application for service of a notice (LL-VIC-LTO-449)
- Application to bring land under the Transfer of Land Act (LL-VIC-LTO-444)
- Application to correct name in the register (LL-VIC-LTO-445)
- Creation of easement (LL-VIC-LTO-450)
- Discharge of mortgage or charge (LL-VIC-LTO431)
- Owners corporation additional information accompanying a plan – limited owners corporation (LL-VIC-LTO-440)
- Owners corporation additional information accompanying a plan – unlimited owners corporation (LL-VIC-LTO-441)
- Subdivision or Consolidation (LL-VIC-LTO-439)
- Transfer of land (LL-VIC-LTO-425)
- Transfer of land by mortgagee or annuitant (LL-VIC-LTO-438)
Please note these are now the only Land Use Victoria forms that will be available in LEAP.
We are still working on the two forms listed below and advise that they will be released shortly.
- Transfer of Land – Family Law only
- Transfer of Land – Estates matters only
All other Land Use Victoria forms, will need to be downloaded from the LUV website. This is a directive from the Registrar of Titles.
Please note: the forms are now locked, and you will be unable to modify the contents after the merged document comes to screen. This is also a requirement of the Registrar and is the only way that we can now provide these forms to our clients.
We have also been advised by Land Use Victoria, that if a party has legal representation ie a Solicitor, Lawyer or Conveyancer then that party cannot sign on their own behalf, it must be signed by the representing entity. If the party executes the form under their own name, the document may not be accepted by the LUV on lodgement.
VIC – Land Registry Forms
Update:
We remain aware of certain instances where some Land Registry forms have not been accepted by the Land Registry of Victoria.
We have met with the Land Registry office and are working with their team to resolve this as soon as possible.
Until such time please continue to utilise the forms from the Land Registry website.
Should you have any further questions, please contact our HelpDesk on 1800 007 709 or email support@leap.com.au.
VIC – Land Registry Forms
Please be advised the Land Registry forms available through LEAP are currently not being accepted by the Land Registry in Victoria.
We have removed these forms until we are able to provide a solution. In the meantime, please utilise the forms from the Land Registry website.
We are currently working with the Land Registry and hope to have this resolved next week.
We will continue to update our clients on our progress through the Forms Blog