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Applications for grants of representation are made through our eFiling system, RedCrest-Probate . The videos on this page explain how to create an account and file an application.

Before filing an application, find out about the type of application you should make and the application process.

For general information and the most frequently asked questions and answers for the process of eFiling through RedCrest-Probate, view the Help page on RedCrest-Probate.

Creating a RedCrest-Probate account

This video explains how to create a RedCrest-Probate account.

The following is a transcript of the 'RedCrest-Probate - Creating an account' video.

Transcript

In this video, you'll be guided through the steps to follow when creating a new RedCrest-Probate account.

On the login screen, start off by clicking the register option. You can then enter all the required information to register as a new user, create a password, and click the register button.

You will now receive an email asking you to confirm the email address you just registered with. You can do this by clicking the confirm email address hyperlink.

This will take you to the RedCrest-Probate website, informing you of a successful validation. Click continue button to login with the email address and password of your newly created account. 

Thanks for watching!

Making an application in RedCrest-Probate

These videos explain how to file a new application, file further documents, and complete and pay for an application in RedCrest-Probate.

The following is a transcript of the 'RedCrest-Probate - Filing a new application' video.

Transcript

In this video, I will be guiding you through the steps when filing a new application.

Once you have logged in to your account, click on the 'File a New Application' hyperlink. In this example, I will apply for a grant of representation .

Firstly, read through the alert outlining some important information regarding your request.

Then, start answering the required questions. As you answer those questions, the next relevant question will appear based on your previous answer.

As you navigate through your application, you'll be alerted of particular requirements or suggestions along the way. You will also be prompted to enter certain information. For example, the plaintiff 's details. You can also add additional plaintiffs at this point, if required.

Next, we are adding another executor appointed in a will who is not applying for a grant of probate . Then, we enter the details of the deceased.

Moving on to the will details. Again, as you answer those questions, another question may appear based on your previous answer. Complete the deceased's assets and liabilities page before moving on to review your application.

You can now click the 'Generate Documents' hyperlink. This will allow you to view and print your documents. An instruction sheet will also be included outlining what you need to do.

Thanks for watching!

The following is a transcript of the 'RedCrest-Probate - Filing further documents' video.

Transcript

In this video, I'll be guiding you through the steps when filing further documents on an application.

Once you have logged in to your account, click on the 'My Applications' tab. You can then select the active application that is requiring further documents. From here, click the 'File Further Documents' button.

You must then select the party you are filing on behalf of before choosing the type of document you are wanting to upload and clicking the 'Browse' button to import the document from your computer.

Repeat this step until you have filed all the further document required. You can then submit the application.

Another way to file further documents to an existing application is, once you have logged into your RedCrest-Probate account, click on the 'File Documents for an Existing Application' hyperlink that is on your homepage.

You can then search for the application by its application number and click the 'Next' button.

You are then directed to the screen where you must select the party you are filing on behalf of before selecting the document you are filing and clicking the 'Browse' button to upload the document off your computer.

When you are finished uploading the further documents, click the 'Submit' button to submit your application.

Thanks for watching!

The following is a transcript of the 'RedCrest-Probate - Completing and paying for your application' video.

Transcript

In this video, you'll be guided through the steps of completing an application and then paying for that application.

Once you have logged in to your RedCrest-Probate account, click on 'My Drafts and Filings'. This is where all filed applications and drafts or incomplete applications live.

Select your draft or incomplete application from the list. This will take you to a summary page allowing you to move on.

You are then alerted of what your application is missing. In this example, my application is missing some documents, which I will now attach.

You can also attach extra documents from the list, if required, before selecting the 'Pay and Submit' option. You will now be redirected to the PayPal website.

Log in to your PayPal account if you have one or check out as a guest by entering your credit card details. Be sure the credit card details entered match the details held by the bank.

Agree to PayPal's privacy statement before continuing. You will then be presented with the option to create a PayPal account, if you like, or select 'Not now' to move on.

On the next screen, click the 'Return to Seller's Website' button. This will redirect you to the RedCrest-Probate website where you can download the originating documents.

This document can now be sent into the Probate Office with the original will and codicils.

Thanks for watching!

Further information

If you have been directed to this page from RedCrest-Probate , select the type of application you are making from the drop-down items below to access the further information.

What additional documents are required where an executor is unable to act or has renounced probate ?

If an executor wants to renounce probate: a renunciation of probate form must be completed together with an affidavit of verification. A legal practitioner should explain the effect of the renunciation to the executor, then witness their signature and swear/affirm the affidavit of verification.

The documents must be uploaded to RedCrest-Probate and filed as additional documents on the ‘upload documents and pay fees’ page. Choose the name of the documents from the drop-down list and attach a PDF of each. 

If an executor is unable to act: an affidavit outlining the reasons for the executor’s inability to act sworn/affirmed by that executor’s treating medical practitioner must be uploaded to RedCrest-Probate and filed as an additional document on the ‘upload documents and pay fees’ page. Choose ‘affidavit’ from the drop-down list and attach a PDF of the affidavit. 

What additional evidence is required if a person is presumed dead?

An affidavit that includes:

  • The last known sighting or whereabouts of the missing person;
  • Confirmation that the missing person has not been heard from for a continuous period of not less than seven years;
  • Details of the persons (if any) who would be likely to have heard from the missing person over that period;
  • Confirmation that these persons (if any) have not heard from the missing person;
  • Details of enquiries that have been made to discover the whereabouts of the missing person; and
  • Depending on the facts and circumstances, further additional information may be required.

The affidavit must be uploaded as an additional document on the ‘upload documents and pay fees’ page.

What documents are required if the original will/codicil cannot be located?

When an original will/codicil has been lost, or destroyed without the testator’s intention to revoke it, an application may be made to prove a copy of the will/codicil. In such circumstances the original of the most authentic copy of the will/codicil is to be filed with the Probate Office. 

Generally, where a testator held their will/codicil but it can’t be found on their death, the Court can presume the testator destroyed it with intent to revoke it.

An affidavit detailing the last known whereabouts of the original will/codicil and what searches have been completed to locate the original must be filed. An affidavit of due execution sworn/affirmed by the witnesses to the will/codicil must be uploaded as an additional document on the ‘upload documents and pay fees’ page when filing an application.

What further evidence is required if the will/codicil is not dated?

An affidavit of due execution that establishes the date, or the range of dates between which, the will/codicil was executed must be filed. The affidavit must include details to support the date/s, and be sworn/affirmed by the witnesses to the will/codicil. If the will/codicil was not witnessed, an affidavit providing evidence of when the will was signed or adopted by the deceased must be filed. 

Additional affidavits in support must be uploaded as additional documents on the ‘upload documents and pay fees’ page when filing an application.

If you require further information, you are encouraged to obtain legal advice.

What further documents are required if the will/codicil has not been signed by two witnesses?

Section 9 of the Wills Act 1997 allows the Court and the Registrar of Probates to admit to probate a document which fails to comply with the usual formalities for the signing of a will. It also allows a duly executed will, which contains informal alterations, to be admitted to probate, including the alterations. The Court or Registrar of Probates must be satisfied that the deceased intended the document or alteration to be or form part of the will.

Evidence by way of affidavit to establish that the deceased intended the document to be their will/codicil must be uploaded to RedCrest-Probate as additional documents on the ‘upload documents and pay fees’ page when filing an application.

If the value of the Victorian estate is in excess of one million dollars then all persons who are affected by a decision under section 9 of the Wills Act 1997 may consent to the powers of the Court being exercised by the Registrar of Probates.  If consent is not provided, then the application must be considered by a judicial officer of the Court.  All consents must be exhibited to an affidavit of the executor, and the affidavit must detail all those persons who would be affected, including information about any previous wills or whether the deceased would otherwise have died intestate.  The affidavit must be uploaded to RedCrest-Probate as an additional document on the ‘upload documents and pay fees’ page when filing an application.

In all cases where an application is made to admit to probate a document pursuant to section 9 of the Wills Act 1997 medical evidence by way of affidavit establishing the testamentary capacity of the deceased at the time the document was signed or adopted must be filed.  

If a will/codicil has been witnessed by one person, you will also need to add an additional paragraph to the affidavit stating the name and current whereabouts (if known) of that witness. 

If you require further information, you are encouraged to obtain legal advice.

What is the effect of marriage on a will/codicil?

If a person marries after they have made a will/codicil, section 13 of the Wills Act 1997 and section 16 of the Wills Act 1958, state that the will is revoked by the marriage. However, section 13 of the Wills Act 1997 and section 16 of the Wills Act 1958 outline certain circumstances where a person’s will, or part thereof, is not revoked by their marriage.  For example, the will is not revoked if it is expressed to be made in contemplation of the marriage. Please see the relevant Act for full details. 

If you require further information, you are encouraged to obtain legal advice.

What is the effect of a divorce on a will/codicil?

If a person gets divorced after they have made a will/codicil section 14 of the Wills Act 1997 and section 16A of the Wills Act 1958 state that any disposition to the divorced spouse and any appointment of the divorced spouse as an executor are revoked with the effect that the divorced spouse is taken to have predeceased the testator. Please see the relevant Act for full details.

If you require further information, you are encouraged to obtain legal advice.

What additional evidence is required if a person is presumed dead?

An affidavit that includes:

  • The last known sighting or whereabouts of the missing person;
  • Confirmation that the missing person has not been heard from for a continuous period of not less than seven years;
  • Details of the persons (if any) who would be likely to have heard from the missing person over that period;
  • Confirmation that these persons (if any) have not heard from the missing person;
  • Details of enquiries that have been made to discover the whereabouts of the missing person; and
  • Depending on the facts and circumstances, further additional information may be required.

The affidavit must be uploaded as an additional document on the ‘upload documents and pay fees’ page.

What additional evidence is required to establish an unregistered domestic relationship?

It must be established by way of affidavit whether having regard in particular to the matters referred to in section 35(2) of the Relationships Act 2008, the deceased left a domestic partner.

An affidavit must be filed that includes at least:

  • The dates and periods of the relationship;
  • The degree of mutual commitment to a shared life;
  • The nature and extent of common residence;
  • The degree of financial dependence or interdependence; and
  • Any arrangements for financial support, between the parties, the ownership, use and acquisition of property.

Independent evidence by way of affidavit sworn/affirmed by persons other than the purported unregistred domestic partner detailing the reputation and public aspects of the relationship must also be filed.

The affidavits must be uploaded as an additional document on the ‘upload documents and pay fees’ page.

What is the hierarchy of relationships?

Generally, an application to administer an estate where the deceased has left no will is granted to the person/s who have the greatest right to share in the estate. The right to share is based on a hierarchy of relationships.

Who is entitled to share in an estate?

Determining who is entitled to share in an estate can be complex.  The example clauses provided in the table below are provided by way of assistance only.  You must ensure any statement included in your application is accurate and correctly reflects the relationships of the deceased at the date of their death. 

The table below applies only to deaths on or after 1 November 2017.  For any deaths prior to this date, or if you are uncertain who is entitled to share in an estate, you are encouraged to obtain legal advice. 

Your relationship to the deceased Who has a better right to administer the estate? Example clause to be added to affidavit of administrator to establish why you are entitled to administer the estate
Spouse No one. A spouse has the same right as a registered domestic partner, an unregistered domestic partner and a registered caring partner. "I am the spouse of the deceased."

Registered domestic partner

No one. A registered domestic partner has the same right as a spouse, an unregistered domestic partner and a registered caring partner. "I am the registered domestic partner of the deceased."
Unregistered domestic partner No one. An unregistered domestic partner has the same right as a spouse, a registered domestic partner and a registered caring partner. "I am the unregistered domestic partner of the deceased."
Registered caring partner No one. A registered caring partner has the same right as a spouse, a registered domestic partner and an unregistered domestic partner. "I am the registered caring partner of the deceased."

Child

If the residuary estate is less than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958): a spouse, a registered domestic partner, an unregistered domestic partner and a registered caring partner.


If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND the deceased left no partner: No one, all children of the deceased have the same right.

If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND if the deceased left a partner and a child who is not a child of that partner: a child has the same right as a spouse, a registered domestic partner, an unregistered domestic partner and a registered caring partner.

If the residuary estate is less than the amount of the statutory legacy (as defined in section 70M of the   Administration and Probate Act 1958): "I am a child of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner and no registered caring partner."

If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND the deceased left no partner: "I am a child of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner and no registered caring partner."

If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND if the deceased left a partner* and a child who is not a child of that partner: "the residuary estate is more than the amount of the statutory legacy, the deceased left a partner and I am a child of the deceased and the deceased left a child/children who is/are not a child/children of the partner."

*The term “partner” includes spouse, registered domestic partner, unregistered domestic partner and registered caring partner.

Grandchild

If the estate is less than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958): a spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner and their parent (child of the deceased).

If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND if the deceased left a partner and a child who is not a child of that partner: a grandchild has the same right as a spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner and their parent (child of the deceased).

If the residuary estate is less than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958): "I am a grandchild of the deceased. My parent, a child of the deceased predeceased the deceased, the deceased left no spouse, no registered domestic partner, no unregistered domestic partner and no registered caring partner."

If the residuary estate is more than the amount of the statutory legacy (as defined in section 70M of the Administration and Probate Act 1958) AND if the deceased left a partner* and a child who is not a child of that partner: "the residuary estate is more than the amount of the statutory legacy, I am a grandchild of the deceased, the deceased left a partner and the deceased had a child/children who is/are not a child/children of the partner and my parent (a child of the deceased) predeceased the deceased."

*The term “partner” includes spouse, registered domestic partner, unregistered domestic partner and registered caring partner.

Parent A spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner, any child and any grandchild. "I am a parent of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived and had no children who predeceased the deceased leaving issue who survived the deceased."

Sibling

A spouse, a registered domestic partner, unregistered domestic partner, registered caring partner, any child, any grandchild and both parents. "I am a sibling of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived, had no children who predeceased the deceased leaving issue who survived the deceased and both parents predeceased the deceased."
Niece/Nephew A spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner, any child, any grandchild, both parents and any sibling. "I am a niece/nephew of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived, had no children who predeceased the deceased leaving issue who survived the deceased, both parents predeceased the deceased and no siblings survived the deceased."
Grandparent A spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner, any child, any grandchild, both parents, any sibling and any niece/nephew. "I am a grandparent of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived, had no children who predeceased the deceased leaving issue who survived the deceased, both parents predeceased the deceased, no siblings survived the deceased and no niece or nephew survived the deceased."
Aunt/Uncle A spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner, any child, any grandchild, both parents, any sibling, any niece/nephew and all grandparents. "I am an aunt/uncle of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived, had no children who predeceased the deceased leaving issue who survived the deceased, both parents predeceased the deceased, no siblings survived the deceased, no niece or nephew survived the deceased and all grandparents predeceased the deceased."
Cousin A spouse, a registered domestic partner, an unregistered domestic partner, a registered caring partner, any child, any grandchild, both parents, any sibling, any niece/nephew, all grandparents and any aunt/uncle. "I am a cousin of the deceased. The deceased left no spouse, no registered domestic partner, no unregistered domestic partner, no registered caring partner, left no children who survived, had no children who predeceased the deceased leaving issue who survived the deceased, both parents predeceased the deceased, no siblings survived the deceased, no niece or nephew survived the deceased, all grandparents predeceased the deceased and no aunt or uncle survived the deceased."

If no person is entitled to the estate of someone who dies intestate the residuary estate passes to and belongs to the Crown. See s70ZL of the Administration and Probate Act 1958.

What additional documents are required where an executor is unable to act or has renounced probate ?

If an executor wants to renounce probate: a renunciation of probate form must be completed together with an affidavit of verification. A legal practitioner should explain the effect of the renunciation to the executor, then witness their signature and swear/affirm the affidavit of verification.

The documents must be uploaded to RedCrest-Probate and filed as additional documents on the ‘upload documents and pay fees’ page. Choose the name of the documents from the drop-down list and attach a PDF of each. 

If an executor is unable to act: an affidavit outlining the reasons for the executor’s inability to act sworn/affirmed by that executor’s treating medical practitioner must be uploaded to RedCrest-Probate and filed as an additional document on the ‘upload documents and pay fees’ page. Choose ‘affidavit’ from the drop-down list and attach a PDF of the affidavit. 

What additional evidence is required if a person is presumed dead?

An affidavit that includes:

  • The last known sighting or whereabouts of the missing person;
  • Confirmation that the missing person has not been heard from for a continuous period of not less than seven years;
  • Details of the persons (if any) who would be likely to have heard from the missing person over that period;
  • Confirmation that these persons (if any) have not heard from the missing person;
  • Details of enquiries that have been made to discover the whereabouts of the missing person; and
  • Depending on the facts and circumstances, further additional information may be required.

The affidavit must be uploaded as an additional document on the ‘upload documents and pay fees’ page.

What documents are required if the original will/codicil cannot be located?

When an original will/codicil has been lost, or destroyed without the testator’s intention to revoke it, an application may be made to prove a copy of the will/codicil. In such circumstances the original of the most authentic copy of the will/codicil is to be filed with the Probate Office. 

Generally, where a testator held their will/codicil but it can’t be found on their death, the Court can presume the testator destroyed it with intent to revoke it.

An affidavit detailing the last known whereabouts of the original will/codicil and what searches have been completed to locate the original must be filed. An affidavit of due execution sworn/affirmed by the witnesses to the will/codicil must be uploaded as an additional document on the ‘upload documents and pay fees’ page when filing an application.

What further evidence is required if the will/codicil is not dated?

An affidavit of due execution that establishes the date, or the range of dates between which, the will/codicil was executed must be filed. The affidavit must include details to support the date/s, and be sworn/affirmed by the witnesses to the will/codicil. If the will/codicil was not witnessed, an affidavit providing evidence of when the will was signed or adopted by the deceased must be filed. 

Additional affidavits in support must be uploaded as additional documents on the ‘upload documents and pay fees’ page when filing an application.

If you require further information, you are encouraged to obtain legal advice.

What further documents are required if the will/codicil has not been signed by two witnesses?

Section 9 of the Wills Act 1997 allows the Court and the Registrar of Probates to admit to probate a document which fails to comply with the usual formalities for the signing of a will. It also allows a duly executed will, which contains informal alterations, to be admitted to probate, including the alterations. The Court or Registrar of Probates must be satisfied that the deceased intended the document or alteration to be or form part of the will.

Evidence by way of affidavit to establish that the deceased intended the document to be their will/codicil must be uploaded to RedCrest-Probate as additional documents on the ‘upload documents and pay fees’ page when filing an application.

If the value of the Victorian estate is in excess of one million dollars then all persons who are affected by a decision under section 9 of the Wills Act 1997 may consent to the powers of the Court being exercised by the Registrar of Probates.  If consent is not provided, then the application must be considered by a judicial officer of the Court.  All consents must be exhibited to an affidavit of the executor, and the affidavit must detail all those persons who would be affected, including information about any previous wills or whether the deceased would otherwise have died intestate.  The affidavit must be uploaded to RedCrest-Probate as an additional document on the ‘upload documents and pay fees’ page when filing an application.

In all cases where an application is made to admit to probate a document pursuant to section 9 of the Wills Act 1997 medical evidence by way of affidavit establishing the testamentary capacity of the deceased at the time the document was signed or adopted must be filed.  

If a will/codicil has been witnessed by one person, you will also need to add an additional paragraph to the affidavit stating the name and current whereabouts (if known) of that witness. 

If you require further information, you are encouraged to obtain legal advice.

What is the effect of marriage on a will/codicil?

A: If a person marries after they have made a will/codicil, section 13 of the Wills Act 1997 and section 16 of the Wills Act 1958, state that the will is revoked by the marriage. However, section 13 of the Wills Act 1997 and section 16 of the Wills Act 1958 outline certain circumstances where a person’s will, or part thereof, is not revoked by their marriage.  For example, the will is not revoked if it is expressed to be made in contemplation of the marriage. Please see the relevant Act for full details. 

If you require further information, you are encouraged to obtain legal advice.

What is the effect of a divorce on a will/codicil?

If a person gets divorced after they have made a will/codicil section 14 of the Wills Act 1997 and section 16A of the Wills Act 1958 state that any disposition to the divorced spouse and any appointment of the divorced spouse as an executor are revoked with the effect that the divorced spouse is taken to have predeceased the testator. Please see the relevant Act for full details.

If you require further information, you are encouraged to obtain legal advice.

What specific jurisdictions can the Supreme Court of Victoria reseal grants from?

  • Alberta
  • Australian Capital Territory
  • British Colombia
  • Colony of British Guiana
  • Colony of Straits Settlements
  • Federated Malay States
  • Fiji
  • Gibraltar
  • Guyana
  • Hong Kong
  • Kenya
  • Malaysia 
  • Manitoba
  • New South Wales
  • New Zealand
  • Norfolk Island
  • Northern Territory
  • Nova Scotia
  • Papua New Guinea
  • Ontario
  • Quebec
  • Queensland
  • Saskatchewan
  • Singapore
  • South Australia
  • Tasmania
  • United Kingdom (includes the Channel Islands)
  • Western Australia

What additional evidence is required where a person who is named in a grant is not applying for a reseal?

Evidence by way of affidavit is to be submitted outlining why the grantee is not applying (for example, they have died, instructed an attorney under power or are unable to act). In addition, if the plaintiff is not named in the grant, evidence by way of affidavit is to be submitted establishing why the plaintiff has standing to make the application (for example, they are the donee of power of attorney or as the case may be).

What additional evidence is required if a person is presumed dead?

An affidavit that includes:

  • The last known sighting or whereabouts of the missing person;
  • Confirmation that the missing person has not been heard from for a continuous period of not less than seven years;
  • Details of the persons (if any) who would be likely to have heard from the missing person over that period;
  • Confirmation that these persons (if any) have not heard from the missing person;
  • Details of enquiries that have been made to discover the whereabouts of the missing person; and
  • Depending on the facts and circumstances, further additional information may be required.

The affidavit must be uploaded as an additional document on the ‘upload documents and pay fees’ page.