What is a probate requisition?
A probate requisition is a letter from the Supreme Court of Western Australia to the applicant for a grant of probate. Most often, these letters are sent to executors who are using the Supreme Court online probate wizard.
The requisition usually lists the issues with the application for a grant of probate and asks the applicant to provide additional information and documents to address the deficiencies in their application.
The court's registrars usually give the applicant 90 days to address the requisition.
If the applicant fails to provide the requested information and documents within the specified period, the court may dismiss the application.
Common requisitions:
The description of the assets is incomplete
The assets are listed as WA assets but are not
There are no assets in WA, so the court has no jurisdiction
The will has been unstapled or unbound
One of the executors is not applying, but there is a deficiency in the documents submitted to the court to that effect
There is an informal will
The Will has not been signed correctly
The testator has signed Will after they have been diagnosed with Dementia.
The deceased died overseas and an overseas death certificate is not sufficient.
How to address the requisition?
The answers to the requisition must be provided by way of an affidavit.
Make sure that you address each requisition in the letter if there is more than one.
How to avoid a requisition?
Follow strictly the instructions in the online probate wizard.
Pay attention to the description and location of the assets, the plight of the Will, the name and address of the willmaker, etc.
If there are any issues with the execution of the will, seek legal advice.
Instead of receiving a requisition, why not get it done right on the first attempt?
Call Crystal Lawyers on 04211 45637 to ensure your application will be accepted and the grant of probate issued without any unnecessary delays.