letters of administration
When a loved one passes away, it’s not the easiest time to deal with all of the paperwork associated with their legal affairs and legal estate.
Shane McClure has vast experience in deceased estates, and offer a compassionate approach to help you with:
- Applying for Probate or Letters of Administration (in the event there was no Will or the Will is deemed invalid).
- Dealing with Centrelink and other government authorities.
- Collecting in assets including the sale of estate property or investments and distributing accordingly.
- Disputing an estate or defending a dispute.
What are Letters of Administration?
Letters of Administration, also known as a Grant of Letters of Administration, is an official document issued by the Supreme Court of Victoria which declares the name of the person who has the formal authority to handle the financial matters of a deceased person.
What is the difference between probate and letters of administration?
If you have a Will and the Executor named in the Will is able and willing to act then you may require a Grant of Probate and not Letters of Administration. You may however need letters of administration:
- When someone dies without having a last will and testament; or
- Where there is a will but the Executor appointed in the will cannot act and no one else is mentioned in the will as the backup Executor.
You may not need letters of administration
Letters of Administration are not always required to finalise the transfer of estate money and property. Usually if a Grant is requested from a Bank, Superannuation Fund, Insurance Company or other Property Group then they will require it. However, Shane McClure has had many situations where a Grant has been requested from the above institutions and with a bit of negotiation has been able to release assets without it.
Who can apply for letters of administration?
Where there is no Will, a legal set of rules are applied to determine who has the higher priority to act as the representative of the estate. When someone higher in priority does not wish to act, or, cannot act then the priority shifts to the next person in the list.
The order of priority applies as follows:
- surviving spouse,
- grandchildren or great-grandchildren,
- brothers and sisters,
- children of deceased brothers and sisters,
- uncles and aunts,
- first cousins, then
- anyone else the court may appoint.
If you are looking for a solicitor to help you with a deceased estate, click here to contact us and make an enquiry. Shane McClure has the understanding and compassion to help you move forward into the future.
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Shane translates his life experiences into practical legal advice.
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Shane doesn’t give up, give in, or quit.