Probate requisitions in Victoria

When the Probate Office reviews an application, it checks that the documents are complete, consistent and sufficient for the grant sought. If something needs to be corrected or explained, the Court's how to apply page states that it will send an email explaining what is required, and that further information is then filed.

A requisition is a normal part of the process for many applications. It does not mean the application has been refused, that the applicant has done something improper or that the will is invalid. It means the Court needs something more before it can make the grant.

Many of these matters are anticipated in the Court's unusual applications guidance. Addressing them in the original application can avoid a requisition.

1. 1Read the whole requisitionIdentify each separate point. A partial response can lead to a further requisition.
2. 2Work out what evidence is neededSome points need only a correction; others need a new or supplementary affidavit, possibly from someone else.
3. 3Prepare the documentsDraft affidavits carefully: they are sworn evidence. Arrange signing before a qualified witness.
4. 4File through RedCrest-ProbateThe Court's process is for further documents to be filed through RedCrest. Follow any instructions in the email about posting originals.
5. 5Keep a recordKeep the requisition, the response and the filing confirmation together.

Where a response changes the application itself, for example the applicant or the assets, the originating motion may need to be amended. An amended originating motion has its own Court charge, shown with its effective date on the probate costs page. A material change can also affect whether the notice of intention needs to be republished.

This guide does not state a deadline for responding, because it depends on the Court's instructions in the particular requisition and the applicable rules. Read the email carefully for any timing requirement and respond promptly. A requisition that is not answered leaves the application unable to progress. For how requisitions fit into the overall timeframe, see how long probate takes.

Some requisitions reveal a real problem, such as a will whose execution cannot be proved by the witnesses, a missing page, or a question about the applicant's entitlement. The response may then require evidence from people who are hard to find, a different kind of application, or a change in the grant sought. Obtain advice before responding in those cases, because the answer given becomes part of the Court record.

• A will witness has died or cannot be located.
• The requisition raises the possibility of a later will.
• The Court queries whether a document is the deceased's last will.
• Family members are unwilling to provide consents or evidence.

A requisition is usually precise about what the Probate Office needs, but it is written for the particular application and can refer to rules or practice that are unfamiliar. Before preparing anything, restate each point in your own words and check it against the documents already filed. Ask: is the Court asking for a correction to something already filed, for an explanation of a fact, or for new evidence from a person?

That distinction matters because each type of point is answered differently. A correction may involve a revised document. An explanation usually needs to be given on oath in an affidavit, not in an informal email. New evidence may need to come from someone other than the applicant, such as a witness to the will or a family member with a relevant entitlement.

• Note every document the requisition refers to, and locate your copy.
• Check whether the point concerns the will, the applicant, the notice, the inventory or the grant type.
• Identify who has personal knowledge of the facts that need to be proved.
• Check whether the answer could change another part of the application.

Many responses require an affidavit. An affidavit is sworn or affirmed evidence and should be confined to facts the deponent knows personally, or clearly identify the source of any information and belief. It should address the specific point raised, attach any relevant documents as exhibits, and be signed before a qualified witness.

Where the requisition concerns the will's execution, the Court's unusual applications guidance describes the kind of evidence typically needed, such as an affidavit of due execution sworn or affirmed by the witnesses. Where a witness cannot be found, the explanation of the searches made becomes part of the evidence.

Many requisitions arise from matters visible before filing. Checking the will's physical condition, the consistency of names across documents, the positions of any co-executors and the accuracy of the inventory can prevent a delay. The application documents guide sets out a checklist for that preparation.

We can review a requisition, explain what the Probate Office is asking for, prepare supporting affidavits and file the response. Where the requisition points to a wider issue, we can advise on the options.

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