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The document below contains procedural guidance to assist in the preparation of an application for a grant of representation where the sole beneficiary named in a will (or on intestacy) is mentally incapable of applying for a grant and there is no provision in the will for a substituted executor to apply in the event the instituted executor is unable to act.

The procedural guide document below details the type of application to be made and by whom, advertisement examples, documents required in support of the application, surety guarantees and the limitation on the grant. 

In addition to the usual documents required in support of an application, the following documents are required in support of an application for letters of administration durante dementia:

  • An affidavit of the incapacitated sole beneficiary’s treating doctor confirming their mental incapacity to act as executor/administrator of the estate; 
  • Consent from all those who would be entitled to share in the incapable person’s estate were they to die without a will have not applied; 
  • A surety guarantee. Consideration will be given to waiving this requirement if two or more persons are jointly making the application and an undertaking is provided by affidavit to file an administration account within 12 months of obtaining the grant.

These forms are provided for information purposes only and do not constitute legal advice. If you require any further information you are encouraged to obtain legal advice.

Supreme Court of Victoria
Supreme Court of Victoria
Date of publication