Letters of Administration in the Supreme Court In NSW
Applying for Letters of Administration in the Supreme Court needs to be made in the following circumstances:
– The deceased died without a Will or a valid Will and the Estate is subject to the Laws of Intestacy; or
– The deceased died with a valid Will however the Executor or Executor named in the Will have died or are unable or unwilling to act as the Executor.
Unlike the application for a Grant of Probate where the deceased left a valid Will with an Executor willing to act the application for Letters of Administration is a more complex process. This complexity arises from the need to take a number of additional steps before the Court will Grant the Letters of Administration.
Letters of Administration with no Will
If the deceased died without leaving a Will then generally the surviving spouse or partner of the deceased will make the application for the Letters of Administration. If there is no surviving spouse or partner then any children of the deceased can apply.
However, before applying to the Court it is necessary to conduct searches to locate a Will of the deceased. Evidence of these searches needs to be shown to the Court which is why it is important to seek legal advice on what steps need to be taken to satisfy the Court that the deceased did not leave a Will. The searches that are required can include advertising in local newspapers, contacting legal firms in areas the deceased lived as well as thorough searches of the deceased’s home.
Where the deceased died without a valid Will their Estate will be dealt with in accordance with the Laws of Intestacy which set out what people are to be the beneficiaries of the deceased estate. This includes spouses or de facto partners, children and other relatives, depending on the circumstances of the deceased.
Letters of Administration with the Will attached
If the deceased died with a Will but the Executor named in the Will is unable or unwilling to act as Executor then the partner or a child of the deceased can apply to the Court for a Grant of Letters of Administration with the Will attached.
The benefit of having a Will attached is that once the Grant is made the deceased Estate can be distributed in accordance with the wishes of the deceased as set out in their Will.
If you have lost a loved one and cannot locate their Will or there is no Executor willing to act as Executor then you need to seek urgent legal advice on how to make an application to the Supreme Court for a Grant of Letters of Administration.
For further information on Letters of Administration or Estate matters, call Sydney Wills Lawyer, Graeme Heckenberg for a consultation on 9221 2779 or email firstname.lastname@example.org
Offices are conveniently located in Sydney CBD, and close to public transport!