Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client has been left out of a deceased person's will, or received a share that does not adequately provide for their proper maintenance and support under Victorian law. The client must be an eligible person under the Administration and Probate Act 1958 (Vic) - typically a spouse, domestic partner, child, grandchild, or registered caring partner. Open this plan at first instructions once the Grant of Probate has been made (or is imminent) and the client wishes to challenge the distribution. The critical first step is to calculate the strict 6-month limitation period from the date of the Grant and immediately serve the s 99A notice on the executor to freeze estate distributions.
Jurisdiction: Supreme Court of Victoria, Common Law Division. Proceedings are commenced by Originating Motion (Form 5B) filed on the RedCrest e-filing platform. Three forks address specialist tracks: Out of Time applications for leave under s 99(2), Tier 3 Dependency Threshold claims requiring proof of dependence, and the Contested Hearing Track covering discovery through to trial. Verify current guidelines on the official .
Use this fork when the applicant falls within the Tier 3 category under s 90A of the Administration and Probate Act 1958 (Vic) - typically a grandchild, registered caring partner, or household member. These applicants face the strictest eligibility threshold: they must prove they were wholly or partly dependent on the deceased before they can even advance to the merits of their claim. Failing to prove dependency results in summary dismissal and adverse costs.
Use this fork when the family provision claim has not settled at mandatory mediation and the matter is proceeding to a contested hearing in the Supreme Court of Victoria. This track covers the post-mediation litigation process including discovery, further evidence, trial preparation, briefing counsel, and the hearing itself. Verify current guidelines on the official Victorian Legislation.
Use this fork when the strict 6-month limitation period under s 99(1) of the Administration and Probate Act 1958 (Vic) has already expired and the client needs to apply for leave to make a late family provision application. The Court has a discretion under s 99(2) to grant leave if sufficient cause is shown, but this is not automatic and requires a separate application with strong evidence explaining the delay.
The Process at a Glance: Confirm the client falls within an eligible category under s 90A and identify their jurisdictional tier. Calculate the strict 6-month limitation period from the date of Grant of Probate. Serve a s 99A notice on the legal personal representative to freeze estate distributions. Gather comprehensive financial evidence of the client's needs and the estate's composition. Draft the Form 5B Originating Motion and Form 43A Principal Affidavit using the mandatory headings from Practice Note SC CL 7. Obtain the CPA certifications (Form 4A overarching obligations, Form 4B proper basis). File the document package via RedCrest. Attend directions hearing. Exchange LPR disclosure of estate accounts. Attend mandatory mediation. If the matter does not settle, proceed to a contested hearing. Verify current guidelines on the official Victorian Legislation. Access services via the Victorian Courts.
Key Legislation and Case Law: Administration and Probate Act 1958 (Vic) Part IV, ss 90A-99A. Section 90A defines three tiers of eligible applicant. Section 91 empowers the Court to order provision. Section 91A prescribes the mandatory statutory factors. Section 99(1) imposes a strict 6-month limitation from the Grant of Probate (contrast with the QLD 9-month period from date of death). Section 99A allows a prospective claimant to serve notice freezing estate distributions. Civil Procedure Act 2010 (Vic) ss 41-42 impose overarching obligations and the proper basis certification. Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic) Order 15 governs the procedure. Practice Note SC CL 7 mandates mediation and prescribes the exact affidavit headings (para 6.4). Filing is via the RedCrest platform at redcrest.vic.gov.au. Key cases: Singer v Berghouse (1994) 181 CLR 201 (two-stage test), Vigolo v Bostin (2005) 221 CLR 191 (moral duty of wise and just testator), Blair v Blair (2004) VSC 334 (adult child claims in Victoria).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Victorian Family Provision Application (Applicant) - Part IV APA 1958 matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the applicant's eligibility under s 90A, calculate the strict 6-month limitation period from the Grant of Probate, and enter all critical dates into the PMS to activate countdown alerts.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s 99(1) Administration and Probate Act 1958 (Vic) - An application for provision must be made within 6 months after the date on which representation is first granted. This is a strict deadline.
s 99(2) - The Court may, after the expiry of 6 months, grant leave to make an application if it is satisfied that sufficient cause is shown. However, this is a discretionary extension and should never be relied upon. See Fork 1 (Out of Time Application).
s 99(3)/(4) - The Court cannot affect any distribution of the estate lawfully made before the application is filed.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
s 90A Administration and Probate Act 1958 (Vic) defines the three-tier eligibility gateway. The tier determines the evidential burden:
Getting the tier wrong is a critical trap - pleading Tier 1 standing for a Tier 3 applicant results in summary dismissal and severe adverse costs.
Serve the s 99A notice on the executor within 48 hours of file opening to prevent lawful distribution of estate assets to beneficiaries.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
s 99A Administration and Probate Act 1958 (Vic) - A person who intends to make an application under Part IV may give notice to the legal personal representative. After receiving the notice, any distribution by the LPR is NOT protected under s 99(3)/(4).
This is the critical estate-freezing mechanism. Without it, the executor can lawfully distribute the entire estate after the 6-month period and leave no asset pool for the claim.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
s 26 Civil Procedure Act 2010 (Vic) imposes a duty of disclosure on all parties and their legal practitioners. Early voluntary disclosure assists in narrowing issues and may facilitate pre-filing settlement.
Draft the complete filing package using the locked SC CL 7 template, independently verify the client's financial position, and obtain all CPA certifications.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
s 91A Administration and Probate Act 1958 (Vic) prescribes the mandatory statutory factors the Court must consider, including:
The Singer v Berghouse (1994) 181 CLR 201 two-stage test applies: (1) has the applicant been left without adequate provision? (2) what provision ought to be made?
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s 41 Civil Procedure Act 2010 (Vic) - Overarching obligations, including the obligation not to mislead or deceive. s 42 Civil Procedure Act 2010 (Vic) - Proper basis certification. The legal practitioner certifies that there is a proper basis for each claim. Breach exposes the solicitor to personal indemnity costs orders.
The Form 4B certification is a personal professional obligation. Signing without independent verification is a trap that can result in the solicitor bearing costs personally.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 (Vic) Order 15 governs the procedure for Part IV applications. The proceeding is commenced by Originating Motion (Form 5B), not by Writ.
Practice Note SC CL 7 mandates the form and content requirements for the supporting affidavit.