Question
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Question of the week

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16 July 2021

On distant shores

Wills, Powers, Estates & Family Provision Claims
Victoria

Asked

Estates – Probate application with overseas death certificate

Where the executor intends to use an overseas death certificate for probate applications with respect to a deceased who passed away overseas:

1. Can an overseas death certificate be used as proof of death registration?

2. What additional information should be supplied to the court?

Thank you.

Answered

Thank you for the question.

  1. Yes, an overseas death certificate can be relied upon.
     
  2. Lodge the certificate as an exhibit to the Affidavit by Executor in the normal way. The Probate Office will requisition further information if required.

If the particular overseas death certificate is not legally recognised, then the death can be registered in Victoria if the deceased normally lived in Victoria or owned property in Victoria.

Regards

Mentor