Letters of Administration

Contrasting a Grant of Probate, an application for Letters of Administration is the pathway to take if the deceased died without a Will, an Executor is not named in a Will, or the existing Executor/s are unwilling or unable to carry out their obligations. 

There are two distinct types of applications for Letters of Administration:

1. Letters of Administration – the deceased died without leaving a will (died intestate); and 
2. Letters of Administration with the Will annexed – the deceased left a Will but there is no executor available to apply for a grant of probate. An example would be where the Will did not name an Executor, or the sole Executor has died or is otherwise unable or unwilling to act. 

In instances where the deceased died intestate in NSW and the assets owned are not the subject of joint tenancy, the rules of intestacy will apply. Under these rules, a grant of administration is usually made to the deceased’s next of kin, such as a spouse and/or children. 

However, in instances where a Will was prepared but there is no named Executor, the Executor has died or is unable or unwilling to act, a beneficiary under the Will may apply for Letters of Administration with the Will annexed. In this circumstance, the rules of intestacy do not apply, rather, the Administrator is to administer the Estate in accordance to the deceased’s wishes in the Will. 

The Grant of Administration appoints the Administrator as manager of the assets and liabilities of the Estate and empowers them to gather, organise, pay off the liabilities of the Estate, and distribute the deceased’s assets. Much like a Grant of Probate, it comprises of a cover page bearing the official seal of the Supreme Court and naming the Administrator of the Estate, and the subsequent pages set out the Inventory of Property. 

It is important to note that the Supreme Court will not grant Letters of Administration if there are no assets held in NSW to be administered. 

Navigating through situations where the deceased died intestate can be a daunting process. Here at Green & Associates Solicitors, our experienced lawyers will handle the legal requirements of obtaining Letters of Administration for you, so you don’t have to worry about the legality of these processes, but rather are able to focus on your loved ones during this tumultuous time. Contact us for a free consultation on (02) 8080 7585.

Green & Associates Solicitors Experience and Success 

• We have obtained letters in the simplest, most cost-effective manner, and the most difficult of situations;
• We are proficient in the new online-only system and the old system also;
• We have appeared in Court in cases of complex requisitions being raised and successfully persuaded the grant;
• We have succeeded in cases where the Will itself and the proposed executor have been challenged by family members and others;
• We have succeeded where the Will has been withheld by family members and production has been refused despite Court Orders and criminal proceedings being brought.

We also provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).