If you or a loved one dies intestate, you’ll need a Letter of Administration to choose someone to manage and distribute your estate. Who can apply for a Letters of Administration in Australia varies, and the court ultimately makes the decision.
When is a Letter of Administration required in Australia?
If the deceased died without a will (intestate) or did not name an executor in a legal will, you must file for a Letter of Administration. If the nominated executor is unwilling or unable to act, you may need to file for a Letter of Administration in Australia.
Who is eligible to receive a Letter of Administration?
A Letter of Administration can be requested by anybody who is entitled to a part of the estate. The individual who applies is usually the one who stands to inherit the greatest amount of the inheritance. This individual is frequently a close relative of the deceased person. Letters of Administration are usually granted to the following individuals by the court:
- Wife, husband, or de facto partner
- If there are no offspring, the next of kin
- If there are no relatives or they refuse to apply, a Guardian or Trustee may be appointed.
- anybody else the court thinks is a suitable fit
When there is a legal will, do you still need a Letter of Administration?
- A named beneficiary can file for a Letter of Administration with the will attached if a deceased individual has a lawful will but no executor. This regulation is in effect when:
- The will does not identify an executor.
- The executor passed away before the dead or before the application for probate was filed.
- Probate has been waived by the executor.
- The executor is unable or unwilling to carry out his or her duties.
Is it necessary to hire a lawyer in order to file for a Letter of Administration?
While you don’t have to hire a lawyer to file for a Letter of Administration, they can make you feel more certain that you’ve done everything right. The following are some essential phases that attorneys may assist with during the process:
- Determine the nature of your predicament and whether or not you need to go through the procedure.
- Assist you with publishing your notice of intent to apply on the website of your state’s Registry.
- Complete the court’s complicated paperwork.
- Assistance with signing key documents
- Make sure you submit your application on time.
If the court grants a Letter of Administration, the administrator must still carry out the desires expressed in the will and distribute the assets as directed. As a result, the administrator assumes the executor’s functions and obligations. It’s vital to note that before submitting an application for a Letter of Administration, you must first try to identify and execute the will in issue. You can’t apply while ignoring an existing will since that would be a violation of the person’s desires as well as the legally binding instrument.
When a person dies intestate, without a valid will, or with an executor who is unwilling or unable to act, the deceased’s closest relatives must apply for Letters of Administration to administer the estate.
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