Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 5C

Delivery of wills by registrar

5C. Delivery of wills by registrar



(1) Upon receiving an application in writing and the prescribed fees, the
registrar may give any will deposited with the registrar-

   (a)  to the testator; or

   (b)  to a legal practitioner or trustee company nominated by the testator;
        or



   (c)  upon the death of the testator-

   (i)  to any executor named in the will or any legal practitioner or trustee
        company nominated by an executor; or

   (ii) to any person entitled to apply for letters of administration with the
        will annexed or a legal practitioner nominated by that person.

(2) The registrar may examine any will to enable the registrar to comply with
this Division.

(3) The registrar must ensure that an accurate copy of every will given to a
person under subsection (1) is made and retained.

(4) If there is any doubt as to whom a will should be given, the registrar, or
any other person, may apply to the Court for directions as to whom the
registrar should give the will.

(5) The registrar may transfer any will that has been held by the registrar
for more than 70 years to the Keeper of Public Records for preservation in
accordance with section 7 of the Public Records Act 1973 and the provisions of
this section continue to apply to the will.

(6) For the purposes of subsection (5), wills held by the Registrar-General
are deemed to have been held by the registrar.

Division 2-Grants of probate and administration