It is not uncommon for people to die unexpectedly without having made a Will. It can be difficult to know what to do in this situation, especially when grief and heightened emotions are involved. Luckily, the law has a mechanism for addressing this situation called ‘Letters of Administration’.
What is Letters of Administration?
When someone dies without a Will in Victoria, usually their closest next-of-kin (i.e. their spouse, oldest child or oldest sibling) will need to apply to the Supreme Court for permission to ‘administer’ their estate. This is called applying for a grant of ‘Letters of Administration’.
There are various steps involved in applying for Letters of Administration. These include:
- Providing a death certificate
- Providing details of the deceased’s assets and liabilities
- Proving that the person applying to administer the estate is the closest next-of-kin of the deceased
Once approved by the Supreme Court, Letters of Administration allow the next-of-kin to ‘administer’ the estate by paying any outstanding debts held by the deceased and then gathering all of the deceased’s assets and distributing them according to law and with priority to the deceased’s closest next-of-kin.
Is It Really Necessary to Have a Signed Will?
Reading the above, you may think it is not necessary to have a Will in place. This is not the case.
Applying for Letters of Administration can add to the time and cost of distributing the deceased’s assets. Having a signed Will avoids depleting your estate unnecessarily in that process.
Dying without a Will also means that your assets may not be distributed in accordance with your wishes. This may lead to a loved one missing out on receiving a part of your estate. Alternatively, an estranged family member or ex-partner may end up benefiting from your estate as the Court and Administrator will have to follow statutory priorities that apply when there is no Will.
For guidance about Wills or if a loved one has died without leaving a Will, call Morgan Couzens Legal on (03) 5722 4681.
The information provided in this article is produced for guidance purposes only and is not legal advice. The information contained in this article is based on the current state of the law at the time of writing. The law may have changed since this article was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any article produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.