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This form may be used where a grant of representation has already been issued and needs to be amended.

Use this form if:

  • a grant of representation has already been issued by the Court; and
  • information in the grant needs to be changed or corrected.

The form may be completed by:

  • the executor or administrator of the estate; or
  • a solicitor acting for the executor or administrator.

This form may be used where a grant needs to be amended after it has been issued.

Common examples include:

  • the deceased's name was recorded incorrectly;
  • the executor's or administrator's name was recorded incorrectly;
  • an address recorded in the grant was incorrect; or
  • information discovered after the grant was issued means the grant needs to be amended.

For example, an administrator may later discover that an asset is held in a different name to the one recorded in the grant.

If the grant needs to be amended because information originally provided to the Court was incorrect, an affidavit should be filed confirming:

  • the correct information; and
  • the reason the amendment is required.

Depending on the circumstances, you may also need to file:

  • an amended originating motion if the incorrect information appears in the originating motion; or
  • a further affidavit if new information needs to be provided to the Court.

If the information recorded in the originating motion is incorrect, you may also need to file an amended originating motion.

Any changes must be easy to identify. For example:

  • draw a line through the incorrect information; and
  • underline the new information.

To amend the originating motion:

  1. Login to RedCrest-Probate.
  2. Open the application in My Drafts and Filings.
  3. Download the originating motion.
  4. Print the document.
  5. Make the changes by hand.
  6. Scan the amended document.

How to file it

Upload the amended document in RedCrest-Probate when you file the request and select Amended Originating Motion as the document type.

See the details below about how to file the request.

Important

A fee is payable when an amended originating motion is filed.

Submit the completed form through RedCrest-Probate.

  1. Log in to RedCrest-Probate.
  2. Open the application from My Applications.
  3. Select File a Further Document.
  4. Select Request to Amend Grant from the document type list.
  5. Upload the completed request form and any supporting documents.

You may find the Court's video about filing a further document on RedCrest-Probate helpful.

If the grant was issued before 1 July 2020, the original grant of representation must be returned to the Court before it can be amended.

Once the request has been accepted on RedCrest-Probate, send:

  • a copy of the accepted request; and
  • the original grant of representation to:

Registrar of Probates
PO Box 13331
Law Courts VIC 8010

Filing fee

A fee is payable when filing a Request to Amend a Grant of Representation.

The fee is paid through RedCrest-Probate at the time of filing. RedCrest-Probate will automatically calculate the fee payable.

If you wish to check the current fee before filing, refer to the Probate Office fees page.

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication