Identify who may apply when the named executor will not seek a grant
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will and the lawyer's note of who has renounced or cannot act, list the named executors and the gifts in the will, and leave the proposed applicant blank. The tool does not prepare an application.
- What the lawyer must review
- The lawyer decides who should apply. The description below is from the Victorian court page.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the will and the lawyer's note of who has renounced or cannot act, list the named executors and the gifts in the will, and leave the proposed applicant blank. The tool does not prepare an application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the will is treated as valid before using the with-the-will-annexed path. If it is not, use the next-of-kin path the page describes.
- Do not name an applicant until the lawyer has ranked the interests under the will.
- Keep probate for the named executor. Do not move a named executor who is willing onto the administration path.
- Do not draft the application or any supporting evidence.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.