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 they? Also known as a Grant of Letters of Administration, they are an official document issued by the Supreme Court of Victoria at Melbourne which declares the name of the person who has the formal authority to handle the financial matters of a deceased person. What about Probate? If you have a Will and the Executor named in the Will is able and willing to act then you may instead require a Grant of Probate. 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.
Who can apply for Letters of Administration Melbourne? Where there is no Will, in Melbourne and Victoria, 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.