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; and
- 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 pay any outstanding debts held by the deceased and then gather all of the deceased’s assets and distribute them according to law and with priority to the deceased’s persons 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.
If you do not have a Will, or a loved one has died without leaving a Will and you would like guidance about what to do next, please contact us on (03) 5752 1280.
MORGAN COUZENS LEGAL
If you would like to learn more about Wills and Probate, please read the below blogs:
Answering the most common myth about Wills – “I don’t have enough to make a Will”
