When a person passes away, their estate will need to be distributed to the people named in their Will, or if there is no Will, in accordance with the rules of intestacy.
A Grant of Representation is a legal document from the Probate Office of the Supreme Court that authorises an Executor or Administrator (both known as the Legal Personal Representative or ‘LPR’) to handle the deceased person’s assets.
If you would like to read more about the different types of Grants that are available, please read our article ‘Grants of Representation: Probate, Letters of Administration and Others‘.
Main types of Grants
In most instances, the Grant of Representation will fall into one of these categories:
- Probate: This Grant is issued to the Executor named in a valid Will. It formally authorises the Executor to manage and distribute the deceased’s estate according to the terms of the Will.
- Letters of Administration with the Will annexed: This Grant is used when there is a valid Will, but the named Executor is unable or unwilling to apply for the Grant. In such cases another person, usually a beneficiary, can apply to become the Administrator and administer the estate according to the Will.
- Letters of Administration: This Grant is necessary when there is no valid Will. It allows the closest next-of-kin or another eligible person to be appointed as Administrator to manage and distribute the deceased’s estate according to the laws of intestacy.
Applying for the Grant
Since 1 July 2020, all applications for Grants of Representation in Victoria must be made online using the Supreme Court of Victoria’s RedCrest Probate system.
The first step in the process is posting an advertisement on the Supreme Court website giving notice of your intention to apply for probate. This advertisement must be up for at least 14 days prior to submitting your application.
Each type of Grant has different requirements, but generally applicants will need to prepare, sign and submit an application that includes:
- Certified copy of the Cause of Death Certificate;
- Affidavit from the Legal Personal Representative explaining a range of matters including how they are entitled to apply for the Grant; and
- Inventory of Assets and Liabilities with details of all the deceased’s assets and liabilities including their value at the date of death.
Some documents, including the Originating Motion and original Will (if applicable), still need to be sent to the Supreme Court of Victoria as hard copies via post or hand delivery.
Requests for additional information
The Supreme Court of Victoria can also issue requisitions (or requests for more information) if there are any deficiencies or errors in a RedCrest application. The common issues include:
- Testamentary capacity: failing to provide evidence of testamentary capacity if this may be in question, including in cases where a person passed away shortly after making the Will or the if the death certificate states that the deceased had dementia or another capacity-affecting illness at the date they made the Will.
- Due execution: failing to provide an Affidavit of Due Execution if there are irregularities in the execution of the Will, such as insufficient attestation clauses or execution by another person on the Will-maker’s isntructions.
- Asset errors: mistakes in listing the estate’s assets, such as including the full value of a property held as a tenant in common.
Grants of Representation are no longer issued in hard copy. Instead, an online Grant will be emailed to the person who lodged the application. These grants contain an application number and a unique identification code, which can be used by asset holders to verify the Grant’s authenticity.
How can Novum Law Group assist you?
Due to the complexity and strict legal requirements for applying for a Grant of Probate or Letters of Administration, most people choose to engage a lawyer to assist them. Having an experienced lawyer involved can provide significant peace of mind during what is already a difficult time, and can make the entire process quicker and simpler.
We offer expert, tailored, and timely assistance with estate administration. Our estates team will work with you to ensure that your loved one’s Will is administered properly and efficiently, and that all your duties and obligations as an Executor or Administrator are met.
If you would like more information or require advice about an estate, our Wills & Estates Team would be glad to assist you. Please call us on 9063 0300, send us an email to discuss with one of our lawyers, or click here to make an appointment.
Authors
Sheredyn Legg
Stephen Fries
The information provided in this article is for general informational purposes only and is not intended to serve as legal advice. For specific legal concerns, please speak directly with one of our qualified lawyers.
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