Probate

 

As mentioned earlier (see Wills), when a person dies leaving a will, a grant of probate must be obtained. This is approval by the registrar of probates of the Supreme Court of Victoria that the deceased’s will is in fact the last valid will in existence.

The majority of wills are proved in “common” form. This occurs where there is no dispute as to the validity of the will. Probate in these cases is granted when certain documents are filed in the office of the registrar of probates, without any court proceeding being necessary. The registrar’s office is located at:

Probate Office

Supreme Court of Victoria

Level 2, 436 Lonsdale Street, Melbourne Vic 3000

Tel: 9603 9300

Email: probate@supremecourt.vic.gov.au

Web: www.supremecourt.vic.gov.au

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 Supreme Court proceedings.