As mentioned in Chapter 9.3: Wills, when a person dies leaving a A document that sets out what a person wants to happen to their money and other property after they die., a grant of probate must be obtained. This is approval by the The officer in charge of the administrative section of a court, which is known as the registry. See also prothonotary. of probates on behalf of the Supreme An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. of Victoria that the deceased’s will is in fact the last Legally binding or effective. will in existence. 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.
Health, wills and other legal issues affecting older people
Health and the law
Legal issues affecting older people