Dear Colleagues,
I thought that I would post this note in the hope of helping our beloved Supreme Court, helping ourselves, and helping our clients.
Following a recent discussion with a reputable source, I was made to realise that the wording of my Probate and Letters of Administration motions was inconsistent with the express wording on the extracted grants. Previously I was relying on historical precedents ‘that had always worked.’ Not having ever received any requisition concerning the form of the motion, I never realised that the form of my motions may cause the court extra work in re-drafting the motion for engrossment.
I have now updated around 30 different probate, administration, re-seal, and limited grant motions to reflect the precise wording of the orders issued to me over the last decade of probate practice. Perhaps one day, after electronic probate lodgment is permissable (circa 2055), the issues of historical precedent will reduce. Until that happens, let’s make life easier for the Court, not make extra work, and allow registrars to focus on other matters. I am sure that they will be appreciative.