Apply for Letters of Administration in Melbourne
What is a letter of administration?
A grant of Letters of Administration is a document provided by the Supreme Court of Victoria which grants authority to the administrator to deal with the estate of a deceased person who didn’t leave a will behind (or has no valid will). On the grounds of this document, assets or properties are further distributed. This distribution may also involve settling the deceased’s debts. At Daniel Lawyers & Associates, we help apply for a Letter of Administration for clients who lost their loved ones who didn’t leave a will.
At our firm, our lawyers are aware of the mandates provided under Victorian legislation (specifically, the Administration and Probate Act 1958 (Vic)). This act provides an ‘order’ of relatives based on importance to the deceased who are entitled to inherit the estate. Therefore, it is vital to identify the closest next-to-kin of the deceased.
This order is summarised as follows:
- Spouse/domestic partner
- Children. It may include adopted children
- Siblings – This includes nieces and nephews if their parent (being the deceased’s sibling) has died
- Nieces and nephews, aunts and uncles, great-grandparents
- More remote next of kin
Essentially, the purpose of this ‘order’ is to carefully consider each category one by one to determine if the deceased had any relatives that fit the description. Once the deceased’s next of kin have been successfully identified by the above process, Victorian legislation also sets out to determine precisely what percentage of the estate these relatives are entitled to.
The list above is merely a summary of the intestacy and succession processes in Victoria. Hence, this should not be taken as legal advice. At Daniel Lawyers & Associates, our lawyers understand that this specific area of the law is somewhat complicated as well as multi-layered. Therefore, our lawyers help clients who seek professional legal advice to navigate their rights to an intestate estate.
Furthermore, it is imperative to know that one must apply for a Letter of Administration within three months after the death of the loved one. Additionally, under the laws, it is generally only the person/s entitled to receive all or a part of the deceased’s estate who can apply for a grant of Letters of Administration. Two or more eligible people can apply jointly as well to obtain a grant of Letters of Administration.
Process of application of Letter of Administration:
- Look for the deceased’s will
- Obtain Death certificate
- Decide on who should apply
- Publish a Notice of intention
- Fill out the application.
- Submit the application (This must be done after waiting at least 14 days from the date on which the notice of intention was published)
As a firm at Daniel Lawyers & Associates, we understand that applying for Letters of Administration in Victoria can be complicated. The process can get complex with searches to conduct, forms to complete, and legislation to interpret. Sometimes, undertaking the process without adequate experience or advice can lead to errors in determining rightful entitlement and even failures in satisfying court requirements. This can in turn add more stress to an already stressful situation. Therefore, professional advice is essential for ensuring that an application is made both correctly and efficiently.
We ensure that our clients receive practical advice at reasonable rates. We seek to ensure that our clients are provided with a fixed quote before we commence any work. Get in touch with us on (03) 9687 3211 for a free 30-minute phone consultation or email us at [email protected].