When a person deceases, sometimes a person who is not an executor to the will is required to make an application for a grant of letters of administration. This is potentially required in situations where the deceased did not leave a will, or where the executors are unable, for any reason, to assume their office. It is highly recommended that you obtain independent legal advice before making an application for a grant of letters of administration. This is because these applications can be very complex, time-consuming and highly procedural. A qualified Wills and Estates Lawyer could have regard for your circumstances and explain to you the various potential avenues so that you can make a fully informed decision with regard to Letters of Administration.
Many considerations are necessary when it appears that a person has deceased without a will. Such actions include an extensive search for the will, or any document that purports to be a will, whether or not it is signed. There are also considerations of jurisdiction, as the NSW Supreme Court can only grant letters of administration for assets held in NSW. You will also need to assess whether or not you actually have the right to make an application for letters of administration, this potentially is the person who has the largest entitlement under intestacy. If the deceased died on or after 1 March 2010, then the provisions of Chapter 4 of the Succession Act 2006 apply. If the deceased died before 1 March 2010, the provisions of Division 2A of Part 2 of the Probate and Administration Act 1898 (as it existed before 1 March 2010) apply. An affidavit of administration needs to be prepared to show that you are entitled under intestacy by establishing your relationship with the deceased.
In addition, there are various notice requirements, similar to those applicable for probate applications. Further to this, various pleadings are required in the correct form with the correct substance. Also, various fees are applicable depending on the value of the estate. Should your application be incomplete, incorrect or unclear, the court may require you to reply to a requisition which outlines the reason why the grant could not be finalised. A qualified Wills and Estates Lawyer may be able to greatly assist you in these matters to ensure the proper conduct and execution of an application for grant of letters of administration.
If you need legal advice on your letters of administration matter, you may book an appointment with us by telephone on (02) 9233 4048 or send an email to email@example.com. You may see us, by appointment, at our head office in Sydney CBD or at one of our branch offices located in the Sydney metropolitan area. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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