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Why you should not use a DIY Estate Administration Kit Estate Lawyers Brisbane Queensland Sunshine Coast Gold Coast

The top four reasons why you should not use a DIY Estate administration kit – Part 4

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. If you could like to read the previous blog posts, they are linked here: Part 1 – Part 2 – Part 3. 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:

  1. Not “clearing off” those who have a prior right to the Grant;
  2. Not being entitled to apply for the Grant yourself;
  3. Problems with execution of the Affidavits;
  4. Neglecting to include details of the deceased’s marital status, or providing incorrect details;
  5. 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, Grant of Letters of Administration or Estate Administration, please contact me.

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The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

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Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now