ACT Probate Application Rejected: How to Fix It and Resubmit

Receiving a requisition from the ACT Supreme Court's probate registry means your application has been reviewed and found defective. The registry has identified a specific error — or several — and cannot process the grant until those errors are corrected. It doesn't mean the estate is contested or that probate will ultimately be denied. In most cases, a requisition is a technical setback, not a substantive one. But you need to understand exactly what went wrong and fix it correctly before resubmitting, because repeating the same error on resubmission wastes more time and delays distribution of the estate.

How the ACT Supreme Court Handles Defective Applications

When you lodge a probate application with the ACT Supreme Court, the registrar reviews it before it proceeds to a judge. The registrar checks the documents against the formal requirements set out in the Court Procedures Rules 2006 (ACT). If something doesn't conform, they issue a requisition letter setting out each specific deficiency. The application is not rejected permanently — it's suspended pending the corrections.

The registry publishes a list of "Common Errors to Avoid" that they see repeatedly. The errors that trigger requisitions are almost always the same set of problems, which means the fix is known and the path forward is clear.

Once you receive a requisition letter, read it carefully. Each issue listed must be addressed. You cannot selectively fix some problems and ignore others — the registry will issue another requisition until all deficiencies are remedied.

The Most Common Reasons for Rejection

Name discrepancies between the will and the death certificate

This is the single most frequent cause of a probate requisition in the ACT. If the will refers to the deceased as "Margaret Anne Smith" but the death certificate shows "Margaret A. Smith" or "Margret Anne Smith", the registrar cannot confirm you are dealing with the same person.

The fix is a sworn explanatory affidavit — typically from a person who knew the deceased — confirming that the person named in the will and the person on the death certificate are the same individual, and explaining how the discrepancy arose (a common nickname, a clerical error at the time of death registration, or a legal name change). This affidavit must be sworn before a Justice of the Peace or solicitor.

Removed or missing staples from the original will

The ACT Supreme Court treats a will as a single, unbroken document. If the original staples have been removed — even if the pages have been restapled — this raises a legal inference that pages may have been removed, added, or tampered with. The registry will flag this in the requisition.

The fix is more difficult than a name discrepancy. You must provide a sworn affidavit from the person who removed the staples explaining when, why, and what was done. If you cannot account for the removal, the matter may require a judge's consideration rather than just the registrar's sign-off. Do not remove staples from the original will under any circumstances — if copying is needed, take the stapled document to a photocopier and copy it intact.

Missing signatures or initials on affidavit pages

Every page of a multi-page affidavit must be initialed by both the deponent (the person swearing the affidavit) and the witness. The foot of each page, not just the signature page, requires initials. A common oversight is signing the final page correctly but forgetting to initial the earlier pages.

The fix is straightforward: re-swear the affidavit with initials on every page, ensuring the deponent and witness both initial each page together at the same time before the Justice of the Peace.

Missing or incorrect annexure clauses

When a document is annexed to an affidavit — for example, attaching a copy of the will to an affidavit of executor — the affidavit must contain a clause identifying the annexure. The standard format is something like: "The document marked 'A' now produced and shown to me at the time of swearing this affidavit is a true copy of the last will and testament of [name] dated [date]."

If the annexure clause is missing, or if the marking on the document doesn't match what the affidavit says, the registrar will flag it. Every affidavit that attaches a document must have a formal annexure clause for each attachment.

Filing the court application before the 14-day notice period has expired

The online Notice of Intention to Apply for Probate must be published on the ACT Supreme Court website for a minimum of 14 days before you lodge the originating application. If you miscalculate the dates and file even one day early, the registrar will issue a requisition and the application will need to be refiled after the correct waiting period.

Count carefully from the date the notice is published. The day of publication is day zero; day 14 is the earliest you can file. If you file on day 13, you must wait and refile.

Expired probate notice

The published probate notice is only valid for three months. If you published the notice, then experienced delays — waiting on documents, dealing with other matters — and the three-month window expired before you filed the court application, the notice has lapsed. You need to pay the fee again (~$61 — verify current amount) and republish a new notice, then wait another 14 days before filing.

Check the publication date immediately if there have been delays between publishing the notice and filing the application.

Incorrect or missing dates in affidavits

Affidavits require specific dates — the date of swearing, the date the will was executed, the date of death. Errors in these dates, or leaving a date field blank, will trigger a requisition.

Gross estate value incorrectly stated

The court filing fee for ACT probate is tiered based on the gross value of ACT estate assets. If your inventory understates or misstates the gross value, the fee calculation will be incorrect. The registrar will flag a discrepancy between the stated gross value and the fee paid.

How to Respond to a Requisition

When you receive the requisition letter:

1. List each error identified by the registrar
2. Determine the specific fix for each error (additional affidavit, corrected document, re-sworn affidavit, etc.)
3. Prepare the corrected documents — if affidavits need to be re-sworn, arrange a new appointment with a Justice of the Peace
4. Lodge the corrections with the registry, citing the requisition reference number

Some corrections can be handled entirely by post or electronically. Others require re-lodging original documents. The requisition letter will specify what needs to be submitted and in what form.

There is no additional court fee for responding to a requisition, provided the gross estate value is accurate in your original filing. However, if the probate notice has lapsed during the delay caused by the requisition, you will need to pay the notice fee again.

When You Need a Solicitor

Most probate requisitions can be handled without professional help — the errors are mechanical and the fixes are documented. However, certain situations warrant professional advice:

• The registrar has raised a substantive issue about the validity of the will (not just a formatting error)
• The will has missing pages, the original cannot be found, or there is evidence of alterations
• A beneficiary has disputed the will or lodged an objection
• The registrar's letter is unclear and you're unsure what specific correction is required

An estate solicitor in the ACT can review the requisition and prepare the corrected documents. While this adds cost, a botched resubmission that triggers a second requisition will cost more time — and time delays in probate mean delays in distributing the estate and in any property transfers that depend on the grant.

For the full ACT probate process from beginning to end — including the notice publication step, the inventory requirements, the tiered fee schedule, and the complete list of required affidavits — the Australian Capital Territory Survivor Benefits Navigator provides a step-by-step walkthrough with the specific forms, fee amounts, and submission requirements.

See more Australian Capital Territory guides →