Legal Project Management Plan & Checklist
Plan for applying for letters of administration with the will annexed in Victoria when no named executor can or will act.
When should this fork be used?: Use this fork when the deceased left a valid Will for a Victorian estate, but the named executor is unable or unwilling to act - for example, because the named executor has died, has renounced probate, or is permanently incapacitated. An eligible person (typically the residuary beneficiary or next of kin) applies for Letters of Administration with the Will Annexed instead of a standard Grant of Probate. The procedure is similar to standard probate but the POAS notice requirements differ and the applicant must prove their standing to apply.
What must the notice for administration with the will annexed include?: The notice of intention must be posted on RedCrest-Probate not less than 14 days before the application and must include the deceased's name, last known address, any known aliases and date of death, the dates of the will and any codicil, the executors named in the will and, if applicable, why any executor is not applying, the name and standing of the person applying, the applicant's (or solicitor's) name and email address, and a statement of the intention to apply for administration with the will annexed (r 3.02.1 Supreme Court (Administration and Probate) Rules 2023).
Jurisdiction: Supreme Court of Victoria (Trusts, Equity and Probate List). RedCrest-Probate is used for all digital filing.
The Process at a Glance: Confirm the Will is valid but no named executor can act. Identify the eligible applicant (usually the primary residuary beneficiary). Obtain a formal Renunciation of Probate from any living named executors who are not applying. Publish the POAS notice under Rule 3.02.1, which requires the notice to name all Will executors and state why each is not applying. Wait at least 14 days after posting the notice before applying (r 3.02.1(1)). Complete the online application queries on RedCrest-Probate. Execute the Affidavit of Administrator. Lodge digitally and post the physical Will within 28 days. Once the Letters of Administration with Will Annexed issue, administer the estate according to the terms of the Will.
Key Legislation and Case Law: Administration and Probate Act 1958 (VIC) governs the administrator's authority. Supreme Court (Administration and Probate) Rules 2023 (VIC) Rule 3.02.1 sets out the specific POAS notice requirements for administration with will annexed (the notice must give the name and standing of the person applying and the applicant's or solicitor's name and email address; must name each Will executor and state why they are not applying; and must state intention to apply for administration with will annexed). Renunciation of probate by a named executor must be lodged with the Probate Office before the application is filed. RedCrest-Probate portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Uncontested Probate (Executor) - Victoria - Administration with Will Annexed - VIC (Executor Unavailable) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Wills and Estates cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
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Confirm standing and obtain all necessary renunciations before publishing the POAS notice.
Publish the compliant Rule 3.02.1 POAS notice and observe the 15-day wait period.
Lodge the digital application and pay the court filing fee on RedCrest-Probate.
Lodge the digital application and pay the court filing fee on RedCrest-Probate.
Receive the sealed Letters of Administration with Will Annexed and initiate post-grant administration.
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