How to Avoid Probate Requisitions in Queensland: The 8 Errors That Trigger Requisitions

The Supreme Court of Queensland issues requisitions — formal correction demands — on roughly 30% of unrepresented probate applications. A requisition doesn't kill your application, but it can add weeks of delay, may require re-advertising in the Queensland Law Reporter ($161.70 per advertisement), and forces additional visits to a Justice of the Peace for re-sworn affidavits. Every one of these requisitions is caused by a specific, preventable procedural error.

Here are the 8 errors that account for the vast majority of requisitions, and exactly how to avoid them.

1. Removed Staples From the Original Will

This is a common trigger. The Supreme Court inspects the physical condition of the original will as evidence of its integrity. If staples have been removed — even to make a photocopy — the court presumes potential tampering. Missing staples, torn staple holes, or evidence of refastening trigger an automatic requirement to prepare and file a Form 111 (Affidavit of Plight), in which you swear under oath explaining why the will looks the way it does.

Prevention: Never remove any staples, paperclips, bindings, or clips from the original will. Photocopy it by carefully opening it on a flatbed scanner or copier without unfastening anything. If the will is already damaged when you find it, prepare Form 111 proactively as part of your initial filing packet.

2. Incorrect Form 103 (QLR Notice) Wording

The Notice of Intention to Apply for Grant must use the exact prescribed wording from the Uniform Civil Procedure Rules. Any deviation — wrong name format, missing date element, incorrect estate description — requires you to pay for a second QLR advertisement ($161.70) and restart the mandatory 14-day waiting period from scratch.

Prevention: Copy the Form 103 template wording exactly. Check every name against the death certificate and the will. Verify dates, middle names, and alternative spellings. Have someone else proofread before submitting to the ICLRQ portal.

3. Filing Before the 14-Day QLR Waiting Period Expires

After the Form 103 notice appears in the Queensland Law Reporter, you must wait 14 clear days before filing your application with the Supreme Court. You must also wait 7 clear days after serving the Public Trustee. "Clear days" means the publication date and the filing date don't count — you need 14 full days in between.

Prevention: Mark the QLR publication date on a calendar and count 14 full days forward. The earliest filing date is day 15. If in doubt, wait an extra day. The court will not waive this period even in urgent commercial circumstances.

4. Missing or Incorrectly Attached Form 47 Certificates

Every document annexed to an affidavit must be formally exhibited using a Form 47 (Certificate of Exhibit). This includes the original will, the photocopy of the will, the death certificate, and the QLR notice tear-sheet. The original will and its photocopy each require their own separate Form 47.

The critical detail most executors miss: each exhibit reference must match the relevant Form 47 and the affidavit text.

Prevention: Create a master exhibit list before assembling any forms. Identify each document consistently in the affidavit and on its Form 47. Attach Form 47 certificates before swearing the affidavits, not after.

5. Name Discrepancies Between the Will and Death Certificate

If the deceased is called "Margaret" in the will but "Margaret Anne" on the death certificate, or "Bill" in the will but "William" on official records, the registrar flags it. Even minor variations — middle names present in one document but not the other, maiden name vs married name — trigger questions.

Prevention: Note every name variation in the Form 105 narrative affidavit. Explicitly state: "The deceased was known as [name in will] and is recorded as [name on death certificate]. I confirm they are the same person." This pre-empts the requisition by addressing the discrepancy before the registrar raises it.

6. Incomplete Form 105 Narrative

Form 105 (Affidavit Supporting Application for Probate) is the narrative document where the executor swears to the facts of the estate. The court expects specific elements: confirmation of the will's validity, the executor's identity, the date of death, and the executor's commitment to administer lawfully.

An incomplete narrative can lead to a requisition requesting a supplementary affidavit.

Prevention: Follow the standard Form 105 structure exactly as the court expects it. Include every required element. Address any complications proactively: unusual will provisions, the existence of earlier wills, the executor's relationship to the deceased.

7. Incorrect Affidavit Execution

All affidavits (Form 105, Form 104, and any Form 111) must be sworn or affirmed before an authorised witness: a Justice of the Peace, lawyer, or notary public. Follow the applicable witnessing requirements and keep the completed forms together. If you're filing by post from a regional area, the same requirements apply — find a local JP using the Queensland Government's JP register.

Common errors include signing before visiting the JP or using a witness who isn't qualified under Queensland law.

Prevention: Take all unsigned affidavits to the authorised witness and sign in their presence. Don't pre-sign anything.

8. Not Proving Service on the Public Trustee

You must serve a copy of the Form 103 notice on the Public Trustee of Queensland and wait 7 clear days after service before filing. The court requires proof of this service as part of Form 104 (Affidavit of Publication and Service).

Prevention: Serve the Form 103 notice through the Public Trustee's current service channel and keep proof of service. Reference this proof in Form 104 and attach it as an exhibit (with its own Form 47).

What Happens If You Get a Requisition

A requisition is a formal letter from the court identifying the specific error and what's needed to fix it. You correct the error — usually by swearing a supplementary affidavit — and resubmit. The application isn't rejected; it's paused.

The real costs of a requisition:

• Time: Weeks may be added to the 4-8 week standard processing time
• Additional JP visits: each new affidavit must be sworn again
• Re-advertising: if the QLR notice was defective, another $161.70 and another 14-day wait
• Stress: the court's language is formal and can sound alarming to someone unfamiliar with legal correspondence

The Pre-Filing Audit

Before submitting your application, check every item:

1. Original will intact — no removed staples, no damage (or Form 111 prepared if damaged)
2. QLR notice published with exact prescribed wording
3. 14 clear days elapsed since publication
4. Public Trustee served and 7 clear days elapsed
5. All exhibit references match the relevant Form 47 and affidavit text
6. Every exhibit has its own Form 47 certificate
7. Name discrepancies addressed in Form 105 narrative
8. All affidavits signed before an authorised witness with proper attestation

The Queensland Probate Process Guide includes a pre-filing audit checklist modeled on the Supreme Court's own troubleshooting document — the internal registrar tool that most executors never see.

Frequently Asked Questions

Can I fix a requisition myself or do I need a lawyer?

Most requisitions are fixable without a lawyer. They typically require a supplementary affidavit addressing a specific error — straightforward document preparation, not legal argument. If the requisition raises a legal question about the will's validity, that's when professional advice becomes necessary.

How long does the court take to issue a requisition?

The timing varies with the registry's review. You'll receive the requisition by post (or email if you provided one).

Does a requisition count against me for future applications?

No. A requisition is a correction request for the application being reviewed; it is not a refusal to grant. If the court raises a legal question about the will's validity, seek professional advice.

Is a requisition the same as a rejection?

No. A requisition is a correction request. You address the issue and resubmit; if the issue concerns the will's validity or another legal barrier, seek professional advice.

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