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Letters of Administration

At ExecutorsHelp we can provide legal services to assist you to apply for a grant of representation of a deceased estate in New South Wales.
There are three basic types of grants of representation which the Supreme Court can authorise:

1. Probate
This is granted to an Executor named in a Will.
2. Letters of Administration with the Will Annexed
In this case a Will exists but a person other than the named Executor applies to claim the estate. Administration then proceeds according to the terms of the Will.
3. Letters of Administration
This applies when the deceased died without leaving any Will. If there is no Will there is no Executor. Instead the Court appoints an Administrator, often a sole or major beneficiary. Administration then proceeds and the estate is distributed according to the rules of intestacy.

Steps to take to apply for Letters of Administration:

extensive searching to confirm no Will is in existence
consider whether there is any partial failure of any existing Will
identification of all the deceased's assets/liabilities
family tree of known blood relatives and certificate evidence
parentage search of NSW government records to identify the birth of any children
identify deceased's next of kin and confirm not living in a de facto relationship (unless the de facto partner makes the application for Letters of Administration)
publication of newspaper notices
Court affidavits prepared
Bond may be payable

The issue of the Grant of Letters of Administration by the Supreme Court provides authority for the distribution of the intestate estate to be made by the Administrator.

De factos have the same rights of entitlement as a married spouse. Same sex partners may now receive entitlements when their partners die without making a valid Will. Entitlements for children are assessed irrespective of their nuptial or ex-nuptial birth.

We accept instructions for all estate work including intestate estates and can assist you obtain Letters of Administration if required for a deceased estate.

 
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Castlereagh Chambers
64 Castlereagh Street
Sydney NSW 2000
Australia

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Fax. (02) 9235 2733
Email.
help@executorshelp.com.au

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