What is a Letter of Administration?

When someone dies intestate (without a Will), the next of kin apply for a grant of Letter of Administration.

This is a type of grant issued by the Supreme Court and applies if the person died without a Will. In contrast, when someone dies with a Will, the Executors named in the Will apply for a different type of grant (a grant of Probate).

In Victoria, as part of the Letter of Administration application, the next of kin applying to be appointed Administrators of the Estate are required to publish an advertisement on the Supreme Court of Victoria’s website, telling the world their intention to file an application for Probate.

After 14 clear days, the Administrators then can file their application. However, if anyone has reason to object to the Letter of Administration application, they can place a caveat on the application.

When the time comes to file the application, the applying Administrators must provide:

• An Affidavit (this is a written statement)

• A Statement of Assets and Liabilities of the Estate (the valuations are calculated on the deceased’s date of death)

• A certified copy of the Death Certificate.

If the Supreme Court has any questions regarding the Letter of Administration application, it will issue a requisition. Requisitions are a request for further information and must be answered by Affidavit.

Difficulties with Letter of Administration applications can arise if next of kin with equal standing to apply are in dispute.

Uncertainty can arise as to who the deceased would have wanted to administer their Estate or which personal items the deceased would have gifted to which family member.

Much of this potential uncertainty for your family members can be averted with a Will that:

·       Clearly outlines your wishes and intentions

·       Appoints Executors to administer your Estate

·       Names beneficiaries who will benefit from your Estate.

Written by Wills and Estate Lawyer Mark Murnane

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.