Obtaining a Grant of Representation
The Supreme Court (Administration and Probate) Rules 2004 govern the manner and form of all applications for Grants of Representation.
In cases where a Grant is required the person entitled to the Grant may instruct a solicitor to act on his or her behalf, authorise a Trustee Company to act as Executor or Administrator or make the application in person. Applying for a Grant is in most cases a straightforward procedure.
All applications must be filed personally at the Probate Office, Level 2, 436 Lonsdale Street, Melbourne.
This section contains sample forms for use when applying for Grants of Representation. The forms contain useful hints to assist applicants.
The Court itself does not sell forms. However, all standard forms are available commercially in paper and CD Rom format. Forms may be ordered on line from the Law Institute of Victoria (Bookshop). The forms are also published in several Probate texts.
Practitioners and others are reminded that the facts which necessitate an application will, of course, vary in each case. Printed forms, particularly draft affidavits, are to be used as a guide only and are not intended to cover all the various situations likely to arise when applying for a Grant of Representation.
- Advertisement (Probate)
- Affidavit of Executor (Probate)
- Affidavit of Publication of Notice and Searches (Probate)
- Inventory of Assets and Liabilities (Probate)
- Order of the Registrar for the Grant of Probate (Probate)
- Originating Motion for a Grant of Probate
- Parchment (Probate)
- Advertisement (Intestacy)
- Affidavit of Administrator (Intestacy)
- Affidavit of Publication of Notices and Searches (Intestacy)
- Inventory of Assets and Liabilities (Intestacy)
- Order of Registrar for Grant of Administration (Intestacy)
- Originating Motion for Grant of Administration Upon Intestacy
- Parchment (Intestacy)
Administration Forms with the Will Annexed Form
- Advertisement (Administration with the Will Annexed)
- Affidavit of Administrator (AWA)
- Affidavit of Publication of Notices and Searches (Administration)
- Inventory of Assets and Liabilities (Administration with the Will Annexed)
- Order of the Registrar for Grant of Administration with the Will Annexed
- Originating Motion for a Grant of Administration with the Will Annexed
- Parchment (Administration with the Will Annexed)
Other Grant Forms
- Administration Account
- Affidavit Verifying Renunciation of Probate
- Affidavit Verifying the Administration Account
- Affidavit of Due Execution
- Civil Procedure Act - Form 4A Overarching Obligations Certificate
- Civil Procedure Act - Form 4C Pre-Litigation Requirements Compliance Certificate
- Civil Procedure Act Form - 4B Proper Basis Certification
- Renunciation of Probate