The spouse/domestic partner/registered caring partner (collectively ‘partner’) is entitled to share in the estate. An application should be made by the partner of the deceased and the following is an example of what to enter in the text box on RedCrest-Probate (on the ‘Relationship Details’ screen) in answer to the question ‘Why is the plaintiff entitled to administer the estate?’ (this will populate in paragraph 8 of the affidavit of the plaintiff):
I was the [spouse/domestic partner/registered caring partner] of the deceased at the date of their death. The residuary estate is less than the amount of the statutory legacy. Therefore, I am solely entitled to share in the deceased's estate.
Important Instructions
- When copying the example paragraph, you should only include the accurate option from within the square brackets based on the deceased’s relationships at the date of their death.
- The above example assumes that the deceased only had one partner at the date of their death. If the deceased had more than one partner (i.e. a spouse and domestic partner) then the above example will not be appropriate. See ss 70Z – 70ZE of the Administration and Probate Act 1958 (Vic). You are encouraged to obtain legal advice.
- If the person applying claims to be the unregistered domestic partner of the deceased, you will need to file further affidavit evidence that details the facts, matters and circumstances relied on to establish the domestic partnership. Find out about what additional evidence will be required by clicking on 'An unregistered domestic partner is applying' in our guidance for complex information.