Judicial Resolve

What can go wrong?

Triggering Judicial Resolve

Blowing an application up at the Supreme Court Registry on account of a lack of resolve on paper.

Executors accidently triggering a judicial hearing is one sure way to ensure an application abruptly jolts to thousands of dollars in additional legal fees as its conclusion.

Stemming out of the Court’s premise of escalation until resolve, the notice of judicial hearing is reserved for those applications that fail to evidence toward substantiating all the necessary regulatory obligations set out in the legislation but whose applicants still require a Grant of Probate. Perceived in practice as more of an opportunity rather than a costly penalty, the Supreme Court bestows to Executors the legal right to make further written and oral submission before a Judge as a means of reaching a resolve towards the granting of Probate.

While well intentioned for those Executors who cannot satisfy their duties within legislation, more often such hearings are indivertibly triggered by those applications that do not rather than cannot substantially illustrate their case. An incidental position generally arrived at by the juxtaposition of minimising the preparation of an application on account of the perceived minimalism of an estate administration.

Consequently, the Supreme Court Registry on assessment, relying solely on the minimal information prepared before them, led to conclude that the Executors appear to have failed elements of their regulatory duties given the lack of substantiation otherwise. The resulting decision, file record noted and notice of judicial hearing served.

While the grounds for such a decision may be subject to the assessor’s view on the day, the extent to which an application is unduly judicially resolved is generally proportionate to the preparation it receives before regulatory assessment. This is often where those who have attempted a DIY Probate Kit or engaged the wrong legal provider can start to have trouble.

The number of possible ways to circumstantially draft an application is too large for a DIY Probate Kit to document each step to resolve issues. There is also the question of the amount of fixed preparation a legal provider has agreed to cover before the cost of any additional work.

Executors with well-prepared applications are more effective at obtaining a Grant of Probate.

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