S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 1.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 2.1(a)). domestic partner of a person who dies means a registered domestic partner or an unregistered domestic partner of that person; S. 3(1) def. of dust-related condition inserted by No. 15/2000 s. 3. dust-related condition means— (a) a disease specified in the First Schedule; or (b) any other pathological condition of the lungs, pleura, peritoneum or sinus that is attributable to dust; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 2). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; S. 3(1) def. of Master repealed by No. 24/2008 s. 75. * * * * * S. 3(1) def. of parent inserted by No. 27/2001 s. 3(Sch. 1 item 1.1). parent of a child includes a person who has day to day care and control of the child and with whom the child is ordinarily resident; Part means Part of this Act; S. 3(1) def. of partner inserted by No. 27/2001 s. 3(Sch. 1 item 1.1). partner of a person who dies means the person's spouse or domestic partner;
S. 3(1) def. of public trustee repealed by No. 55/1987 s. 57(3)(Sch. 5 item 1). * * * * * S. 3(1) def. of registered caring partner inserted by No. 4/2009 s. 37(Sch. 1 item 2.1(a)). registered caring partner of a person who dies means a person who, at the time of the person's death, was in a registered caring relationship with the person within the meaning of the Relationships Act 2008; S. 3(1) def. of registered domestic partner inserted by No. 12/2008 s. 73(1)(Sch. 1 item 2.1(b)), amended by No. 4/2009 s. 37(Sch. 1 item 2.1(b)). registered domestic partner of a person who dies means a person who, at the time of the person's death, was in a registered domestic relationship with the person within the meaning of the Relationships Act 2008; S. 3(1) def. of registrar substituted by No. 8951 s. 5(1)(a), amended by No. 57/1989 s. 3(Sch. item 4.2). registrar means the registrar of probates appointed pursuant to the Supreme Court Act 1986 and includes an assistant registrar of probates; S. 3(1) def. of small estate inserted by No. 45/1994 s. 38, repealed by No. 80/2014 s. 14. * * * * * S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 1.1). spouse of a person who dies means a person who was married to the person at the time of the person's death;
entitled to receive from the Consolidated Fund (which is hereby appropriated for the purpose accordingly) the amount of duty paid thereto in respect of the revoked grant; (d) the Court may make such vesting order as it deems proper; S. 10(e) repealed by No. 10/1994 s. 13(a). * * * * * S. 11 amended by No. 6640 s. 2(a)(i)(ii), repealed by No. 8951 s. 5(1)(b). * * * * * Nos 3632 s. 7, 4486 s. 2, 6089 s. 2(1). 12 Grants of probate and administration by registrar (1) Subject to the provisions of this section the registrar may, on application made to him supported by affidavits upon which in his opinion the Court would grant probate or administration, make a grant of probate or administration by signing his order for such grant and sealing it with the seal of the Court. S. 12(1A) inserted by No. 78/2000 s. 4(1). (1A) The registrar may make a grant of probate or administration, other than in the manner set out in subsection (1), by authenticating the order for the grant in a manner prescribed by the Rules. (2) The registrar shall not without an order of the Court grant probate or administration— (a) in any case where a caveat has been lodged and has not expired or been withdrawn; or (b) in any case in which it appears to him to be doubtful whether such probate or administration ought to be granted.
(b) if an amount has been calculated in accordance with this formula and that amount is greater than $25 000, the amount as last calculated; B is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made; C is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. (2) If the threshold amount has been calculated under subsection (1) and— (a) the threshold amount is reduced, the reduced amount does not take effect, except for the purpose of the application of the formula under this section in the following year; or (b) if, in the next or subsequent financial year the threshold is increased following a reduction referred to in paragraph (a), that amount has effect as an increase only to the extent (if any) that— (i) the amount of the increase exceeds the amount of the reduction in the previous financial year; or
S. 71(2) amended by No. 6640 s. 2(c), substituted by No. 7168 s. 2(a), amended by Nos 8181 s. 2(1)(Sch. item 5), 57/1989 s. 3(Sch. item 4.7(a)(b)), 10/2005 s. 3(Sch. 1 item 1.2), 80/2014 s. 18(2). (2) The registrar of probates or the registrar of the Magistrates Court shall— (a) cause to be completed the advertisement affidavit and documents required by the Court in its probate jurisdiction to lead to such grant; S. 71(2)(b) repealed by No. 74/2000 s. 3(Sch. 1 item 3.4). * * * * * S. 71(2)(c) repealed by No. 9041 s. 4(2). * * * * * (d) obtain the proper fees payable from or on behalf of the applicant on all such affidavits and documents as well as any further material or fees which may be required under this Part— and where such action is taken by a registrar of the Magistrates' Court, that registrar shall transmit all such affidavits documents material and fees to the office of the registrar. S. 71(3) inserted by No. 7168 s. 2(b), amended by Nos 8181 s. 2(1)(Sch. item 6), 57/1989 s. 3(Sch. item 4.8). (3) In this Part unless the contrary intention appears, registrar of the Magistrates' Court includes a deputy registrar of the Magistrates' Court.
S. 71(4) inserted by No. 10/2005 s. 3(Sch. 1 item 1.3). (4) In this Part registrar of probates means the registrar of probates appointed pursuant to the Supreme Court Act 1986 and includes an assistant registrar of probates. No. 3632 s. 72. S. 72 (Heading) inserted by No. 80/2014 s. 19. 72 Registrar of probates may issue probate or administration if satisfied of certain matters S. 72(1) amended by Nos 10/1994 s. 12(b)(c), 10/2005 s. 3(Sch. 1 item 1.4). (1) No affidavit as to caveats or searches in the office of the registrar of probates on an application under this Part shall be required; and the registrar of probates if and when satisfied that the affidavits are sufficient and that no caveat exists against the application and that no will is deposited in the office of the registrar of probates shall issue probate or administration to the applicant pursuant to section twelve of this Act. S. 72(2) repealed by No. 7168 s. 3. * * * * * No. 3632 s. 73. S. 73 amended by Nos 7168 s. 4, 8181 s. 2(1)(Sch. item 7), 57/1989 s. 3(Sch. item 4.9), 10/1994 s. 12(b), 10/2005 s. 3(Sch. 1 item 1.5), 80/2014 s. 20. 73 Registrar may require proof of identity The registrar of probates or registrar of the Magistrates' Court may require such proof as the registrar thinks sufficient to establish the identity and right or relationship of the applicant.
No. 3632 s. 74. S. 74 amended by Nos 7168 s. 5, 7332 s. 2 (Sch. 1 item 5), 8181 s. 2(1) (Sch. item 7), 57/1989 s. 3(Sch. item 4.10) (as amended by No. 34/1990 s. 5(Sch. 4 item 3)), 10/1994 s. 12(b)(d)(i)(ii), 10/2005 s. 3(Sch. 1 item 1.6), 80/2014 s. 21. 74 Satisfaction as to value If the registrar of probates or registrar of the Magistrates' Court has reason to believe that the whole real and personal property of the deceased person exceeds in value the maximum monetary value specified in section 71(1A), the registrar shall refuse to proceed with the application until the registrar is satisfied as to the real value thereof. No. 3632 s. 75. 75 Registrars may exercise certain powers S. 75(1) amended by Nos 7168 s. 6(a), 8181 s. 2(1)(Sch. item 8), 57/1989 s. 3(Sch. item 4.11(a)(b)). (1) All registrars of the Magistrates' Courts may for the purposes of this Part administer oaths and take declarations and affirmations. S. 75(2) amended by Nos 7168 s. 6(b), 8181 s. 2(1)(Sch. item 7), 57/1989 s. 3(Sch item 4.12(a)(b)) (as amended by No. 34/1990 s. 5(Sch. 4 item 4)), 10/1994 s. 13(i), 69/2009 s. 54(Sch. Pt 2 item 2). (2) In the absence of a registrar of the Magistrates' Court applicants under this Part may be sworn and execute any necessary documents before any person authorised under the Evidence (Miscellaneous Provisions) Act 1958.
household of which the deceased was also a member; S. 90 def. of family provision order inserted by No. 80/2014 s. 3(2). family provision order means an order under section 91; S. 90 def. of personal representative inserted by No. 6920 s. 4. personal representative means the executor original or by representation or administrator for the time being of a deceased person; will includes codicil and every other testamentary instrument. S. 90A inserted by No. 80/2014 s. 4. 90A Eligible person may apply for family provision order (1) Subject to subsection (2), an application for a family provision order may be made to the Court by, or on behalf of, an eligible person. (2) An application under subsection (1) must be made— (a) within the time specified in section 99; and (b) otherwise in accordance with this Part and the Rules. Nos 3632 s. 139, 4483 s. 3. S. 91 substituted by No. 6920 s. 5, amended by Nos 8602 s. 12, 9041 s. 8, substituted by Nos 88/1997 s. 55, 80/2014 s. 5. 91 Court may make family provision order (1) Despite anything to the contrary in this Act, on an application under section 90A, the Court may order that provision be made out of the estate of a deceased person for the proper maintenance and support of an eligible person. (2) The Court must not make a family provision order under subsection (1) unless satisfied— (a) that the person is an eligible person; and
S. 97(1) amended by Nos 88/1997 s. 59(1), 80/2014 s. 6(2). (1) Every family provision order making provision for any person shall specify (inter alia)— (a) the amount and nature of the provision; S. 97(1)(b) amended by No. 6920 s. 9. (b) the manner in which the provision shall be raised or paid out of some and what part or parts of the estate of the deceased; and (c) any conditions restrictions or limitations imposed by the Court. S. 97(2) amended by No. 6920 s. 9(a). (2) Unless the Court otherwise orders the burden of any such provision shall as between the person beneficially entitled to the estate of the deceased be borne by those persons in proportion to the values of their respective estates and interests in such estate: Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued but the proportion of the provision made under this Part to be borne by such property shall be raised out of or charged against the corpus of such property. S. 97(3) amended by Nos 6920 s. 9(b), 10/1994 s. 4(4)(a)(i)(ii), 80/2014 s. 6(3). (3) The Court shall in every case in which a family provision order is made under this Part direct that a certified copy of such order be attached to the probate of the will or letters of administration and for that purpose shall retain in its custody such probate or letters of administration until such copy is attached. S. 97(4) substituted by Nos 6920 s 9(c), 80/2014 s. 6(4). (4) Subject to this Part, a family provision order operates and takes effect— (a) if the deceased dies leaving a will disposing of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the