Legal Project Management Plan & Checklist
Purpose of this Guide: 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. Verify current guidelines on the official Victorian Legislation. Access services via the .
Jurisdiction: Supreme Court of Victoria (Trusts, Equity and Probate List). RedCrest-Probate is used for all digital filing. Verify current guidelines on the official Victorian Legislation.
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. Observe the 15 clear day wait. 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. Verify current guidelines on the official Victorian Legislation. Access services via the Victorian Courts.
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 (applicant must include their name, address, email, and specific standing; 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 Wills & Estates: Uncontested Probate - Victoria (Executor) - 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 TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm standing and obtain all necessary renunciations before publishing the POAS notice.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Publish the compliant Rule 3.02.1 POAS notice and observe the 15-day wait period.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Lodge the digital application and pay the court filing fee on RedCrest-Probate.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.