Estates

As mentioned in Chapter 9.3: Wills, when a person dies leaving a will, a grant of probate must be obtained. The grant is approval by the Registrar of Probates on behalf of the Supreme Court of Victoria that the deceased’s will is in fact the last valid will in existence and that the person named in the grant (the executor or administrator) is entitled to collect and distribute the estate of the deceased.

The majority of wills are proved in ‘common form’. This occurs where there is no dispute about the validity of the will. Probate in these cases is granted when certain documents are filed with the Probate Office (see ‘Contacts’ at the end of this chapter), without any court proceeding being necessary.

If, however, there is any challenge, or the possibility of a challenge, to the validity of the will, it is necessary to prove the will in ‘solemn form’, which involves formal Supreme Court proceedings before a Justice of the Court.