Caldwell Martin Cox Solicitors : Wills and Estates : Wills : Accredited Specialist : Camden : Picton : Narellan : Macarthur : Wollondilly

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Picton NSW 2571
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Camden NSW 2570
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Wills and Estates : Letters of Administration

When a person dies without a Will or there is a problem with the Will, the Supreme Court can approve the authority of a person to act as an executor of that Estate, who is called an Administrator. The process is called Letters of Administration.

The requirements for obtaining Letters of Administration are similar to making an application for Probate.
Once the Supreme Court has authorised the appointment of an Administrator, that person’s role is to:

  • properly administer the estate by collecting any income and getting any assets of the estate;
  • publish a formal Notice of Intention to Distribute after one month from the date of publication, giving notice to creditors or others having claims against the estate;
  • arrange for payment out of the proceeds of the estate of:

                *   funeral expenses
                *   costs and expenses of administration
                *   other debts of the deceased includibng tax
                *   specific gifts of money

  • act with care and, in the interests of the beneficiaries, administering the estate in accordance with the Grant of Letters of Administration as quickly as possible.
  • seek expert legal advice as to whether an eligible person under the Family Provisions legislation has reasonable grounds for making a claim.

From 1 March 2010 new laws commenced in New South Wales specifying how assets are to be divided between families when someone dies without a valid Will (intestate).

The changes are complex and cover situations including:

  • Sharing assets between multiple partners/spouses
  • Sharing assets between a de facto partner and a spouse
  • Sharing assets between a de facto partner and a children
  • Sharing assets between extended members of the family
  • When a statutory formula is to be used
  • Indigenous persons’ estates

For information and assistance on all estate management issues, please call or email a member of our Estates Team.



ABN: 65001889317


Law Society of New South Wales
Law 9000
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Law Society of New South Wales

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.

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