Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for Letters of Administration with the Will Annexed in VIC. Designed for estate lawyers, this guide covers the process when a Will exists but no executor is willing or able to act. Additional procedural resources can be found on the Victoria Government Portal and the Victoria Legislation Registry.
Jurisdiction: This guide applies to applications filed in the Supreme Court of Victoria, Australia. Verify current guidelines on the official .
Governing Legislation: Administration and Probate Act 1958 (VIC) which covers primary statute governing estate administration and the appointment of administrators with will annexed. Supreme Court (Administration of Estates) Rules 2023 which covers procedural rules including Form 3-9D Affidavit of Administrator with Will Annexed. Trustee Act 1958 (VIC) s 33 which covers creditor notice protection. Monetary Units Act 2004 (VIC) which covers annual fee adjustment mechanism. Verify current guidelines on the official Victoria Legislation Registry.
The Process at a Glance: Letters of Administration with the Will Annexed are required when a valid Will exists but the named executor cannot or will not act (due to renunciation, death, or lack of capacity). The process involves: (1) verifying why the executor cannot act and obtaining supporting evidence (Deed of Renunciation, death certificate, or medical capacity evidence), (2) obtaining a medical practitioner affidavit if the executor is incapacitated, (3) confirming the applicant's priority among beneficiaries named in the Will, (4) publishing the Notice of Intention on RedCrest-Probate (mandatory since 11 Nov 2024) and waiting 14 clear days, (5) drafting Form 3-9D Affidavit of Administrator with Will Annexed via the portal, (6) executing all documents and marking the original Will, (7) filing electronically via RedCrest, (8) handling any registry requisitions, and (9) distributing the estate per the terms of the Will. Practitioners should check the official Victoria Government Portal and Victoria Legislation Registry for regular procedure updates.
* 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 Probate (Executor) - Letters of Administration with the Will Annexed 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.
Verify the original Will, identify the executor's inability to act, and publish the online 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.
An executor who has already intermeddled (begun acting on the estate) cannot simply renounce and requires Supreme Court permission to resign.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft Form 3-9A Originating Motion, Form 3-9D Affidavit, and Inventory.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Lodge the completed application via RedCrest.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Same fee schedule as standard probate (adjusted annually per Monetary Units Act 2004):
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Caveats filed under Order 8 of the Supreme Court Rules are valid for 6 months and will prevent the Grant from issuing until removed or the caveator consents.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The administrator with will annexed has the same powers and duties as an executor but must administer strictly in accordance with the Will's terms