Guidance Notes and FAQs

Matters to consider before drafting an advertisement

• The advertisement is the foundation of every application for probate or administration, and it must reflect the character of the application being filed. Care should be taken when drafting the advertisement.  
• The nature of the application should be set out precisely in the advertisement. Make sure you have determined what type of grant to apply for prior to placing the advertisement. 
• If not all executors named in the will are applying this should be stated (for example, if leave is reserved or if an executor has renounced probate).  See the advertisement examples below for guidance on the appropriate wording to use in these circumstances.
• All testamentary documents that are the subject of the application, the nature of each document (i.e. will, codicil, informal will), and the date of each document must be included in the advertisement. If a codicil has been revoked by a later codicil it should still be referred to in the advertisement.
• If the will is not dated then the date on, or the dates between, which the will was executed are to be set out (i.e. executed between 1 January 2000 and 30 January 2000). 
• The name of the deceased and plaintiff(s) (the person(s) making the application) must be fully and correctly set out. Any departure from the true and correct name should be stated, for example, "Michael John Smith (in the will called John Smith)".
• It is important that the correct last residential address of the deceased is set out. Generally a hospital in which the deceased received treatment just prior to death is not regarded as the place of residence if the deceased had a permanent residence.
• If probate or administration with the will annexed is being sought and the original will is missing that fact must be disclosed in the advertisement - for example, "the will as contained in a copy".

Below are examples of the most common types of advertisements published. Please read through the guidance notes above prior to publishing your advertisement.  All names and addresses included in the example advertisements are fictitious.

Probate of the Will

By a sole executor

Take notice that Jane CITIZEN the executor named in the will dated 1 January 2000 of John CITIZEN deceased, late of 1 Citizen Street, Melbourne, Victoria, Australia will 14 days after the date of publication of this advertisement apply to the Supreme Court of Victoria for a grant of probate of that will.

By one executor with leave being reserved to a co executor

Take notice that Jane CITIZEN one of the executors named in the will dated 1 January 2000 of John CITIZEN deceased, late of 1 Citizen Street, Melbourne, Victoria, Australia will 14 days after the date of publication of this advertisement apply to the Supreme Court of Victoria for a grant of probate of that will with leave being reserved to John DOE the other executor named therein to come in and prove the same.

By a substituted executor

Take notice that Jane CITIZEN the substituted executor named in the will dated 1 January 2000 of John CITIZEN deceased, late of 1 Citizen Street, Melbourne, Victoria, Australia will 14 days after the date of publication of this advertisement apply to the Supreme Court of Victoria for a grant of probate of that will, John Doe the instituted executor named therein having predeceased the deceased [or having renounced Probate thereof, as the case maybe.].
 

Letters of Administration upon Intestacy (no will)

By the widow or next of kin of the deceased
Take notice that Jane CITIZEN the widow [set out relationship to deceased e.g. widower, son, domestic partner as the case may be] of John CITIZEN deceased, late of 1 Citizen Street, Melbourne, Victoria, Australia will 14 days after publication of this advertisement apply to the Supreme Court of Victoria for a grant of administration of the estate of the deceased upon intestacy, there being no will of the deceased.
 

Letters of Administration with the will annexed

By the sole beneficiary named in the will

Take notice that Jane CITIZEN the sole beneficiary named in the will of John CITIZEN deceased, late of 1 Citizen Street, Melbourne, Victoria, Australia, will 14 days after the date of publication of this advertisement apply to the Supreme Court of Victoria for a grant of administration with the will dated 1 January 2000 annexed of the estate of the deceased, John Doe the executor named therein having predeceased the deceased [or having renounced Probate thereof, as the case may be].

By a residuary beneficiary named in the will

Take notice that Jane CITIZEN one of the residuary beneficiaries named in the will of John CITIZEN deceased, late of 1 Citizen, Street, Melbourne, Victoria, Australia will 14 days after the date of publication of this advertisement apply to the Supreme Court of Victoria for a grant of administration with the will dated 1 January 2001 annexed of the estate of the deceased John Doe the executor named therein having predeceased the deceased [or having renounced Probate thereof, as the case may be]

Q: How can I find out more information about applying for probate or administration?
A: You can find out more information about applying for a grant by visiting the website.    

Q: What if the advertisement placed contains errors?
A: If the Registrar of Probates is not satisfied that the advertisement is sufficient advertisement of the plaintiff’s intention, the Registrar may require the publication of a further advertisement.  

Q: Do I need to keep a copy of the advertisement?
A:Yes. A copy of the advertisement downloaded from this website must be filed on RedCrest-Probate (External link) at the time of filing an application.  

Q: Who do I contact if I encounter any difficulties using the website or need more information?
A: Contact the Supreme Court Probate Office on (03) 8600 2006.

Q: Which credit cards can be used to publish an advertisement?
A: Visa or Mastercard can be used for the payment to publish an advertisement.

Q: Will my POAS advertisement become stale after 6 months?
A: No. Advertisements published on the POAS website do not expire or become stale. The advertisement will be available permanently on the website and will be accessible to anyone at anytime.