What is a Probate Requisition

In the initial stages of administering an estate, when making an application for a Grant of Representation you must submit to the Supreme Court sworn/affirmed documentation relating to details of the deceased and their assets. The following documents are required:

1. Affidavit;

2. Inventory of Assets and Liabilities; and

3. Certified Death Certificate and other supporting documents.

Once the required documents have been sworn/affirmed in front of an authorised witness, these documents are filed with the Supreme Court for reviewing by the Probate Registrar. The Registrar will look for information relating to the deceased’s marital status at the date of death, the total number of assets they held, whether any names listed on the Will, Death Certificate and/or application have any discrepancy and also who witnessed the documents and their qualification.

When reviewing the application, the Registrar needs to be satisfied that the Will being filed is in fact the last Will and Testament of the deceased and that it has been executed properly. If no Will is involved, the Registrar needs to be satisfied that the person making application to administer the estate as Administrator is most entitled to this position and that there is no one else who is more entitled. The information you disclose to the court is crucial in order to satisfy these requirements.

After the application has been reviewed, the Registrar may issue you either of the following:

4. Grant of Representation; or

5. Supreme Court Requisition.

The Grant of Representation is a legal document issued by the Supreme Court that proves the deceased’s Will and establishes its validity or, proves who is most entitled to administer the estate when no Will is involved.

The Supreme Court Requisition is a response you get from the Registrar when the application submitted requires further attention, amendments, clarification or evidence. The Registrar will explain why they are not satisfied with the application and what is needed in order to remedy the issue. In a lot of cases, the Registrar will ask that you file a further Affidavit containing the required information and must be sworn/affirmed in front of an authorised witness.

When you are an Executor or Administrator, you have a duty to administer the estate diligently so when attending to the initial stages of obtaining a Grant of Representation, it is very important that it is done efficiently and with knowledge of what to do. When a Supreme Court Requisition is issued, it delays calling in estate funds and closing bank accounts, paying and discharging estate debts, dealing with real property and also the distribution of specific bequests. This might cause concern to the beneficiaries who might then seek independent legal advice of their own.

If you are an Executor or intended Administrator and require assistance with administering a deceased estate, please contact our office on (03) 9707 1155 or via email at admin@wslegal.com.au.