Letters of Administration – The Deceased Has Not Left A Valid Will

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Letters of Administration – The Deceased Has Not Left A Valid Will

Regretfully, not every person has a valid Will. Where there is no valid Will, the provisions of the Succession Act are invoked and an application for Letters of Administration must be applied for someone to administer the estate of the deceased.

This occurs in the following circumstances:

1. the deceased did not have a valid Will;

2. the deceased did not have a Will; 

3. the executor has died or refuses to act;

4. the executor cannot be located or lacks legal capacity; or

5. the Will does not appoint an executor.

Unlike a Will, the administrator does not decide who inherits. Instead, the estate is distributed according to the rules contained in the Succession Act 2006. Depending upon the family circumstances, beneficiaries are considered in the following order:

1. the spouse or de facto partner;

2. children;

3. parents;

4. brothers and sisters;

5. grandparents;

6. aunts and uncles; or

7. more distant relatives.

These statutory rules may produce results very different from what the deceased may have intended. Usually, the person with the greatest entitlement to inherit has priority to apply Very often this is the surviving spouse or an adult child or another close relative. The Supreme Court determines who is entitled to receive the Grant.

An administrator of an estate has the same responsibilities as that of an executor. An application for Letters of Administration often results in additional legal costs, delay and additional requirements compared to an application for Probate. 

I have assisted clients where an application for Letters of Administration has been required. Preparing a valid Will is one of the simplest ways to protect your family and ensure your wishes are carried out.

I can assist with preparing Wills and obtaining Letters of Administration or Probate when required. In my next newsletter I will discuss the legal responsibilities and potential personal liability of executors and administrators. 

Wishing you a wonderful day,

Jeffrey Choy

JCL Legal

0419 233 670

[email protected]

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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.