When someone lodges a probate application with the Supreme Court of NSW, if the application is incomplete or inaccurate, the court will issue a probate requisition seeking additional information, documentation, or that the application be corrected. The process of obtaining probate of a Will is delayed until the requisition is satisfied.

What is probate?

An executor appointed by a Will or administrator of a Will applies to the Supreme Court for a grant of probate to administer a deceased estate. A grant of probate verifies that the Will is the deceased’s most recent, valid testamentary instructions. The process of applying for a grant can be complicated and a necessary requirement can be easily overlooked or a small mistake made.

What is a probate requisition?

If a probate application is inaccurate, there can be considerable delays. Sometimes the Supreme Court issues a requisition which notifies the applicant that they have not fulfilled a requirement(s) of the application. A requisition forces the executor to file further documents with the court or amend existing documentation. Even if the forms are perfectly filled out, a requisition may still be issued if the Court needs further information to clarify some aspect of the application.

For example, a requisition may be issued simply because a Will has an unexplained mark. Even a staple mark in the corner of a Will may prompt a requisition because the court is concerned that pages may be missing.

A typical requisition is a one-page notice, which notes the case number and title of the application, and asks the recipient to answer specific requisition(s). A copy of the requisition is filed with answers to the requisition(s). Fees may be payable when lodging additional documentation.

You cannot ask the Court to further explain a requisition. If an applicant or solicitor is unsure of how to respond to a requisition, they must consult counsel rather than ask the Court.

How to avoid a probate requisition

If you are unfamiliar with the process of obtaining a grant of probate, it can be difficult to correctly complete the documentation.  If you wish to apply without obtaining legal assistance, adherence to the following steps will limit the probability of requisitions:

1. Submit the original Will for probate. Check it for any issues which could delay probate. If there are any issues with the Will, such as damage, provide a sworn affidavit with a detailed, formal explanation of how the damage occurred.
2. Exactly follow the required wording of the application to avoid miscommunication.
3. Check that the names (and aliases) and contact details of the deceased, beneficiaries and executors are correct and complete.
4. Check that the dates on the application match the date of the Will and of the death certificate.
5. Consider whether there are any unusual circumstances involved in the death of the testator. For example, if the deceased died overseas, you must swear an affidavit detailing how the body was identified, etc.

Here to Help

Small mistakes and omissions in an application for a grant of probate can be costly and time-consuming. Contact us now for free no-obligation initial telephone advice to make the probate application process as smooth as possible or to deal with a requisition.