In this series, I have addressed the first three reasons why I believe you should not use a DIY Probate or DIY Letters of Administration Kit. In my final instalment, I would like to address what can happen if your application for Grant of Probate or Grant of Letters of Administration is requisitioned by the Court.
What does it mean if my application is “requisitioned”?
If your application is requisitioned by the Supreme Court, it means that there is a problem in your application and it needs to be rectified. This may mean that you need to complete a further affidavit, or you may have to re-file all your application documents.
How can my application be requisitioned?
There are numerous ways that an application for Grant of Probate or Grant of Letters of Administration can be requisitioned, including:
- Not “clearing off” those who have a prior right to the Grant;
- Not being entitled to apply for the Grant yourself;
- Problems with execution of the Affidavits;
- Neglecting to include details of the deceased’s marital status, or providing incorrect details;
- Not adequately explaining marks on or damage to the Will.
How can I make sure my application isn’t requisitioned?
The best way to safeguard against your application being requisitioned is to use an experienced Estate administration lawyer to assist you with your application. Although a DIY Probate Kit or DIY Letters of Administration Kit can give you a basic outline of the steps involved in preparing your application, they are not able to assist you with requisitions that may be unique to your situation.
If you would like assistance with preparing your application for Grant of Probate or Grant of Letters of Administration, please contact me.