Requisitions

What can go wrong?

Your Application Has Been Requisitioned

The Supreme Court Registry has the power to issue a Requisition on an Originating Application for a Grant of Probate. A Requisition effectively blocks a Probate Application from proceeding until the Requisition is addressed.

In response to an increase in underestimated Probate Applications the Supreme Court Registry has published a List of 25 Common Requisitions in an effort to draw attention to issues that should be addressed prior to the filing of a Probate Application.

While possible Requisitions are not limited to 25 counts, they are just the ones that appear to be occurring frequently. Additional Requisition items can be found in the Succession Act and Uniform Civil Procedure Rules.

Each Requisition has its own set of procedure to resolve which 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 Requisitions is too large for a DIY Probate Kit to document each step to resolve issues. There is also the question of whether your legal provider anticipated additional work to avoid Requisition in their initial quote. The Public Trustee excludes additional work in their standard pricing as do many other legal providers.

Executors will often find out whether their Probate Application is Requisitioned around 4 to 5 weeks into the process which is generally after publication of notices and filing has occurred.

The Supreme Court Registry makes it clear within their commentary on Requisitions that they will call on Executors to re-advertise, re-serve or re-file documents where Probate Application documents do not meet specific legislative standards.

How Can Costs Vary? Read More