Grant of Letters of Administration, What Does It All Mean, and Do I Need One?
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Losing a loved one is a very difficult time. The sadness and stress of your loss can often be exacerbated by the requirements of assets holders, with family members often feeling overwhelmed when trying to deal with their loved one’s Estate.
Asset holders such as banks and nursing homes each have their own requirements which must be satisfied before they will release the assets of a deceased person, with many asset holders requiring a certified copy of Letters of Administration or a Grant of Probate. So, what does that all mean?
Grant of Letters of Administration
Letters of Administration is a similar grant to Probate and is a grant issued by the Court when the deceased person died without a Will or in circumstances where the deceased person died living a Will, but their Executor/s are unable to act, and an Administrator must be appointed to take the Executor/s place.
The process of obtaining a Grant of Letters of Administration is similar to the process of obtaining a Grant of Probate, however when the application is made in circumstances where the deceased did not have a Will, that requirement is obviously dispensed with. An application for Letters of Administration can be made by a person with the highest priority to make an application. For example, If the deceased person died leaving a spouse, their spouse has the highest priority to make an application. If the deceased person did not have a spouse then their children (if they had any), followed by their grandchildren (if they had any), then parents and so on down the familial line will have priority to apply in that order.
Where Letters of Administration are required, it is best to consult with a legal practitioner with experience in Succession Law to determine whether you have standing to make an application for a Grant of Letters of Administration.
When is a Grant needed?
Each asset holder has their own requirements that must be satisfied before the deceased person’s assets will be released.
A Grant of Letters of Administration will generally always be required where the deceased person died without leaving a Will, as the asset holder is unable to rely on a Will.
If you require assistance navigating the complexities of Estate Administration, then please contact our team today. Our caring team aim to make the process as stress-free as possible.
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The information in this document represents general information and should not be relied on for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact MMLaw. Please contact Tamsyn Harris.
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The content published in this Blog is in the form of academic papers and the opinions expressed herein are generalised. The information provided is for educational purposes, not specific legal advice.
The application of any principles referred to can alter from case to case and accordingly you should seek independent legal advice in respect of your individual circumstances.