Information about electronic filing through RedCrest-Probate

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.

For information about creating a RedCrest-Probate account please view the video below.

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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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 $480,700 (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.