Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client has been left out of a deceased person's will, or received a share that does not adequately provide for their proper maintenance and support under Victorian law. The client must be an eligible person under the Administration and Probate Act 1958 (Vic) - typically a spouse, domestic partner, child, grandchild, or registered caring partner. Open this plan at first instructions once the Grant of Probate has been made (or is imminent) and the client wishes to challenge the distribution. The critical first step is to calculate the strict 6-month limitation period from the date of the Grant and immediately serve the s 99A notice on the executor to freeze estate distributions.
Jurisdiction: Supreme Court of Victoria, Common Law Division. Proceedings are commenced by Originating Motion (Form 5B) filed on the RedCrest e-filing platform. Three forks address specialist tracks: Out of Time applications for leave under s 99(2), Tier 3 Dependency Threshold claims requiring proof of dependence, and the Contested Hearing Track covering discovery through to trial.
Use this fork when the family provision claim has not settled at mandatory mediation and the matter is proceeding to a contested hearing in the Supreme Court of Victoria. This track covers the post-mediation litigation process including discovery, further evidence, trial preparation, briefing counsel, and the hearing itself.
Use this fork when the strict 6-month limitation period under s 99(1) of the Administration and Probate Act 1958 (Vic) has already expired and the client needs to apply for leave to make a late family provision application. The Court has a discretion under s 99(2) to grant leave if sufficient cause is shown, but this is not automatic and requires a separate application with strong evidence explaining the delay.
Use this fork when the applicant falls within the Tier 3 category under s 90A of the Administration and Probate Act 1958 (Vic) - typically a grandchild, registered caring partner, or household member. These applicants face the strictest eligibility threshold: they must prove they were wholly or partly dependent on the deceased before they can even advance to the merits of their claim. Failing to prove dependency results in summary dismissal and adverse costs.
The Process at a Glance: Confirm the client falls within an eligible category under s 90A and identify their jurisdictional tier. Calculate the strict 6-month limitation period from the date of Grant of Probate. Serve a s 99A notice on the legal personal representative to freeze estate distributions. Gather comprehensive financial evidence of the client's needs and the estate's composition. Draft the Form 5B Originating Motion and Principal Affidavit using the mandatory headings from Practice Note SC CL 7. Obtain the CPA certifications (Form 4A overarching obligations, Form 4B proper basis). File the document package via RedCrest. Attend directions hearing. Exchange LPR disclosure of estate accounts. Attend mandatory mediation. If the matter does not settle, proceed to a contested hearing.
Key Legislation and Case Law: Administration and Probate Act 1958 (Vic) Part IV, ss 90A-99A. Section 90A defines three tiers of eligible applicant. Section 91 empowers the Court to order provision. Section 91A prescribes the mandatory statutory factors. Section 99(1) imposes a strict 6-month limitation from the Grant of Probate (contrast with the QLD 9-month period from date of death). Section 99A allows a prospective claimant to serve notice freezing estate distributions. Civil Procedure Act 2010 (Vic) ss 41-42 impose overarching obligations and the proper basis certification. Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic) Order 15 governs the procedure. Practice Note SC CL 7 mandates mediation and prescribes the exact affidavit headings (para 6.4). Filing is via the RedCrest platform at redcrest.vic.gov.au. Key cases: Singer v Berghouse (1994) 181 CLR 201 (two-stage test), Vigolo v Bostin (2005) 221 CLR 191 (moral duty of wise and just testator), Blair v Blair [2004] VSCA 149 (adult child claims in Victoria).
* 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 Victorian Family Provision Application (Applicant) - Part IV APA 1958 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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Verify the applicant's eligibility under s 90A, calculate the strict 6-month limitation period from the Grant of Probate, and enter all critical dates into the PMS to activate countdown alerts.
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Serve the s 99A notice on the executor within 48 hours of file opening to prevent lawful distribution of estate assets to beneficiaries.
Draft the complete filing package using the locked SC CL 7 template, independently verify the client's financial position, and obtain all CPA certifications.
Draft the complete filing package using the locked SC CL 7 template, independently verify the client's financial position, and obtain all CPA certifications.
E-file the originating motion and all supporting documents on RedCrest within the 6-month limitation period and serve sealed copies on the executor.
Attend the court-ordered mediation, negotiate a settlement via Deed of Settlement or Consent Order, or obtain directions for a contested hearing.
Obtain and perfect the final court orders, arrange for the executor to distribute the provision, and close the matter file.