Court Requisition Probate Tasmania: How to Avoid the $61 Penalty

A court requisition is the Supreme Court Registrar's formal notification that your probate application contains an error. Each requisition costs $61.12, halts processing, and adds weeks to an already slow timeline. In a standard 4–8 week processing window, a single requisition can push your grant to 14 weeks or beyond.

The penalty is not the worst part. Requisitions mean the estate stays frozen — bank accounts remain inaccessible, property cannot be transferred, and beneficiaries receive nothing while you correct and resubmit.

The Most Common Requisition Triggers

The Probate Registry in Hobart examines every application with meticulous attention to detail. These are the errors that most frequently trigger requisitions:

Will integrity issues. If the original will has unexplained staple holes, rust marks, paperclip indentations, or any physical evidence suggesting pages may have been removed or a codicil detached, the Registrar will issue a requisition requiring an Affidavit of Plight and Condition (Form 27). This requires a sworn explanation of why the will appears damaged and assurance that no pages are missing.

Name discrepancies. If the deceased is referred to by different names across documents — "William" on the death certificate, "Bill" on the will, "William James" on the property title — each alias must be explained in the affidavit. Unexplained inconsistencies trigger an immediate requisition.

Unbalanced Form 10 inventory. The Inventory of Assets and Liabilities must accurately separate Tasmanian assets from out-of-jurisdiction assets, because filing fees are calculated solely on the Tasmanian gross value. Mathematical errors or assets listed in the wrong column will be flagged.

14-day notice violation. If you lodge the application before 14 clear days have passed since the Notice of Intention was published on the Supreme Court website, the application is rejected outright. The 14-day count excludes the day of publication and the day of filing — getting this calculation wrong by even one day triggers a requisition and forces you to republish and restart the waiting period.

Improper witnessing. The Form 5 Affidavit must be sworn or affirmed before a Justice of the Peace, Commissioner for Declarations, or Australian legal practitioner. If the witnessing is defective — wrong wording, unsigned, or witnessed by a beneficiary — the Registrar will reject it.

Missing renunciation. If the will names co-executors and one is not applying, their formal renunciation (Form 11) must be included. Filing without it triggers a requisition asking where the other executor is.

The Provisional Assessment Option

The Supreme Court offers an optional pre-check service: the "Provisional assessment of application documentation by Registrar" for $183.36. You submit your complete draft application and the Registrar reviews it for errors before formal lodgement.

This is essentially insurance against requisitions. If the Registrar finds problems during the provisional assessment, they are identified without the $61.12 penalty and without formally entering the application into the processing queue. You correct the issues and then lodge a clean application.

For self-represented executors dealing with their first probate application, this service pays for itself if it prevents even three requisitions ($183.36 vs $183.36 in cumulative requisition fees plus the multi-week delays avoided).

A Pre-Filing Quality Check

Before lodging, verify these points:

• [ ] Original will is physically intact — no new staples, clips, or marks added since the deceased's death
• [ ] All names match exactly across the death certificate, will, and Forms 4 and 5, or aliases are explained
• [ ] Form 10 correctly separates Tasmanian assets from out-of-state assets
• [ ] Exactly 14 clear days have elapsed since the Notice of Intention was published
• [ ] Affidavit is properly sworn before an authorised witness
• [ ] If co-executor is not applying, Form 11 (Renunciation) is attached
• [ ] Court filing fee calculated on the correct gross value tier
• [ ] Death certificate (original or certified copy) is included

What Happens After a Requisition

If you receive a requisition, do not panic. The Registrar will specify exactly what needs correcting. The response typically involves:

1. Preparing a supplementary affidavit addressing the identified issue
2. Having the supplementary affidavit properly sworn
3. Paying the $61.12 requisition fee
4. Resubmitting the corrected documents

The application re-enters the processing queue. If the correction satisfies the Registrar, the grant proceeds. If new issues are found, additional requisitions may follow — each with its own $61.12 fee.

The Tasmania Probate Process Guide includes the complete pre-filing checklist designed around Tasmania's most frequent requisition triggers, plus line-by-line guidance on completing Forms 4, 5, and 10 correctly the first time.

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