IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
No.
In the matter of the Will of KEVIN JOHN BROWN
Deceased
Application by ALLAN MARK BROWN
Plaintiff
ORIGINATING MOTION FOR A RESEAL OF A GRANT OF PROBATE
Date of document:
Filed on behalf of the plaintiff.
Prepared by: Young and Kerr
8 Black Road
Lilydale, Victoria, 3140
Ref: 1481 Steven Young
Tel: 97394861
DX: 37 Lilydale
Solicitors code: 81
Email: young@biglake.com
This is an application by the abovenamed plaintiff for a Reseal of a grant by this Honourable
Court of [a grant of probate, a sealed and certified copy of a grant of probate or an
exemplification of a grant of probate issued by the Supreme Court of New South Wales as
the case may be] of the Will dated 30 October 2003 of the abovenamed deceased.
Particulars of this application are as follows:
(1) of the deceased:
Surname:
BROWN
Given names:
KEVIN JOHN
In the will Called:
as above
Last residential address:
9 Elmhurst Road, Bayswater,
New South Wales
Last known occupation:
Retired
Date and place of birth:
19 December 1920, Glasgow, Scotland
Date and place of death:
24 December 2013, Ringwood
Surname:
BROWN
Given names:
ALLAN MARK
In the will called:
as above
Residential address:
1 East Court, Potts Point
(2) of the plaintiff:
New South Wales
Occupation:
Manager
Relationship to deceased:
Son
This application is made by the plaintiff as the executor named therein
[Signed by the plaintiff or Solicitor]
1
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
No.
In the matter of the Will of KEVIN JOHN BROWN
Deceased
Application by ALLAN MARK BROWN
Plaintiff
AFFIDAVIT OF PUBLICATION OF NOTICE AND SEARCHES
Date of document:
Filed on behalf of the plaintiff.
Prepared by: Young and Kerr
8 Black Road
Lilydale, Victoria, 3140
Ref: 1481 Steven Young
Tel: 97394861
DX: 37 Lilydale
Solicitors code: 81
Email: young@biglake.com
I, Linda McLean of 8 Black Road, Lilydale Victoria, Clerk make oath and say:
1.
I am a person employed by Young and Kerr the Solicitor for the applicant.
2.
I have this day made a search and found no Will of the deceased is deposited in the
Office of the Registrar.
3.
I have this day searched in the Office of the Registrar and found that:
(a)
no caveat has been lodged in this matter;
(b)
no application for Probate or Administration or for sealing of a foreign grant in this
matter has been made to or been granted by this Court and no Election to
Administer has been filed by a trustee company.
4.
Now produced and shown to me and marked “C” is a true copy of the [grant of probate,
sealed and certified copy of the grant of Probate or an exemplification of a grant of
probate issued by the Supreme Court of New South Wales as the case may be}
granted to Allan Mark Brown such copy having been examined by me and found to be
correct.
5.
This application was fully advertised on the Supreme Court website on 20 March 2014.
Now produced and shown to me and marked with the letter “D” is the advertisement.
Sworn by
the deponent
at
[place]
on
[date]
_______________________
Plaintiff
Before me:
Witness Full Name
Address
Qualification
_______________________
1
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
No.
In the matter of the Will of KEVIN JOHN BROWN
Deceased
Application by ALLAN MARK BROWN
Plaintiff
ADVERTISEMENT EXAMPLE
RESEAL OF PROBATE
This advertisement must be published on the Supreme Court Website
www.supremecourt.vic.gov.au. Please read the guidance notes and view the transaction
demonstration if using the probate online advertising website for the first time. The
advertisement must be published on the Supreme Court website at least at least 14 clear
days before the application is filed.
RE:
[name]
deceased.
Take notice that Allan Mark Brown the executor to whom probate of the will dated 30th
October 2003 of Kevin John Brown late of 9 Elmhurst Road, Bayswater, New South Wales,
Australia was granted by the Supreme Court of New South Wales will 14 days after the
publication of this advertisement apply to the Supreme Court of Victoria for a reseal of [the
grant of probate, a sealed and certified copy of a grant of probate or an exemplification of a
grant of probate] made on 30 January 2014.
Name, address and email address of Plaintiff or Solicitor
* After publishing your advertisement online, you are required to print out the advertisement
and write, stamp or type the exhibit note below onto your advertisement.
This is the Advertisement marked "D" referred to in the affidavit of [name] sworn on [date]
Before me:
-------------------------------------------Witness Full Name
Address
Qualification
1
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
No.
In the matter of the Will of KEVIN JOHN BROWN
Deceased
Application by ALLAN MARK BROWN
Plaintiff
AFFIDAVIT IN SUPPORT
Date of document:
Filed on behalf of the plaintiff.
Prepared by: Young and Kerr
8 Black Road
Lilydale, Victoria, 3140
Ref: 1481 Steven Young
Tel: 97394861
DX: 37 Lilydale
Solicitors code: 81
Email: young@biglake.com
I, Steven Young of 8 Black Road, Lilydale, Victoria, Solicitor make oath and say:
1.
I am a legal practitioner and on behalf of the plaintiff am seeking to have the seal of the
Supreme Court of Victoria affixed to the [ probate, exemplification of probate or sealed
and certified copy of the grant of probate ] of the Will of the above named Kevin John
Brown deceased granted by the Supreme Court of New South Wales.
2.
The deceased was late of 9 Elmhurst Road, Bayswater, New South Wales and died on
24 December 2013.
3.
Now produced and shown to me and marked “A” is the said [ probate, exemplification
of probate or sealed and certified copy of the grant of probate] of the Will granted to
Allan Mark Brown of 1 East Court, Potts Point, New South Wales the executor named
therein on 30 January 2014 which is unrevoked.
4.
The deceased left:
Real estate in Victoria to the value of $[amount]
Personal estate in Victoria to the value of $[amount]
Real estate elsewhere to the value of $[amount]
Personal estate elsewhere to the value of $[amount]
Liabilities totalling $[amount]
5.
Now produced and shown to me and marked “B” is the Inventory of such assets and
liabilities.
Sworn by
the deponent at
on
_______________________
[place]
[date]
Before me:
Witness Full Name
Address Qualification
_______________________
1
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
In the matter of the Will of KEVIN JOHN BROWN
No.
Deceased
Application by ALLAN MARK BROWN
Plaintiff
INVENTORY OF ASSETS AND LIABILITIES
Date of document:
Filed on behalf of the plaintiff.
Prepared by: Young and Kerr
8 Black Road
Lilydale, Victoria, 3140
Ref: 1481 Steven Young
Tel: 97394861
DX: 37 Lilydale
Solicitors code: 81
Email: young@biglake.com
This is the Inventory marked "B" referred to in the affidavit of [name] sworn on [date]
Before me:_____________________________
Witness Full name
Address
Qualification
VICTORIAN ASSETS
REAL ESTATE
[Address and title particulars. Property held by the deceased as a joint tenant
should not be included]
TOTAL OF REAL ESTATE: $ [amount]
PERSONAL ESTATE
[Describe each item sufficiently to identify it. For example, when listing bank
accounts set out the names and addresses of the bank, account numbers and
the holding at the date of death. The value of each item of property must be
stated or, if the value is unknown, an estimate of value may be stated. It is not
necessary to furnish evidence of value unless the Registrar so requires]
TOTAL OF PERSONAL ESTATE: $ [amount]
TOTAL VICTORIAN ASSETS: $ [amount]
1
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
In the matter of the Will of KEVIN JOHN BROWN
No.
Deceased
Application by ALLAN MARK BROWN
Plaintiff
(brought forward)
TOTAL VICTORIAN ASSETS: $ [amount]
ASSETS OUTSIDE VICTORIA
REAL ESTATE
TOTAL OF REAL ESTATE: $ [amount]
PERSONAL ESTATE
TOTAL OF PERSONAL ESTATE: $ [amount]
TOTAL OF EX-VICTORIAN ASSETS: $ [amount]
TOTAL GROSS VALUE: $ [amount]
LIABILITIES (wherever situate)
[State only known liabilities of the deceased at the date of death. It is not
necessary to furnish evidence of the amount unless the Registrar so requires. As
a general rule funeral, burial, cremation and testamentary expenses are incurred
after death and accordingly would not be included as liabilities]
TOTAL LIABILITIES: $ [amount]
APPLICANT'S SIGNATURE: ________________________
2
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION
20
No.
In the matter of the Will of KEVIN JOHN BROWN
Deceased
Application by ALLAN MARK BROWN
Plaintiff
ORDER OF THE REGISTRAR FOR A RESEAL OF PROBATE
Date of document:
Filed on behalf of the plaintiff.
Prepared by: Young and Kerr
8 Black Road
Lilydale, Victoria, 3140
Ref: 1481 Steven Young
Tel: 97394861
DX: 37 Lilydale
Solicitors code: 81
Email: young@biglake.com
ORIGINATING PROCESS:
Originating Motion filed by the plaintiff on
HOW OBTAINED:
Under Section 81(2) of the Administration and Probate
Act 1958
ATTENDANCE:
Nil
OTHER MATTERS:
Nil
THE REGISTRAR ORDERS THAT:
[a grant of probate, a sealed and certified copy of a grant of Probate or an exemplification of
a grant of probate] granted by the Supreme Court of New South Wales be sealed with the
seal of the Supreme Court of Victoria upon being produced by ALLAN MARK BROWN of 1
East Court, Potts Point, New South Wales, Manager the executor named therein.
DATE MADE AND AUTHENTICATED:
REGISTRAR OF PROBATES
1
This certificate is to be typed, written or stamped on the back
of the document produced for reseal and the copy exhibited to
the Affidavit of Publication of Notice and Searches.
CERTIFICATE OF RESEAL
GIVEN under the Seal of the Supreme Court of Victoria on
AND I CERTIFY that this [grant of probate, sealed and certified copy of a grant of probate or
an exemplification of a grant of probate] of the Will has been so sealed upon being produced
to me by ALLAN MARK BROWN the executor named therein.
REGISTRAR OF PROBATES
ISSUED TO Young and Kerr
8 Black Road
Lilydale
Victoria 3140
Solicitors Code: 81