A Grant of Letters of Administration authorises an administrator to manage and distribute the estate of someone who died without a will (intestate), or whose will didn’t appoint an executor, or if the executor is unable to act. At Foye Legal, we assist administrators through this process. In these complex estate administration matters, the right lawyer is everything for achieving the best outcome.
A Grant of Letters of Administration is typically required in the following circumstances:
The person applying for the Grant of Letters of Administration (the administrator) must be someone with a legal right to manage the deceased’s estate. Generally, this includes:
If no family members are available or willing to act, the Public Trustee may be appointed.
The process of applying for Letters of Administration involves several key steps:
File the Application with the Supreme Court of NSW
The following documents must be submitted to the Court:
Payment of Filing Fees
If the gross value of the estate exceeds $100,000, a filing fee will apply.
Once the application is reviewed and approved, the Supreme Court will issue the Grant of Letters of Administration.
The administrator has legal responsibilities similar to those of an executor. These include:
The process of applying for and administering Letters of Administration can become complicated in certain situations, such as:
The process of obtaining a Grant of Letters of Administration can be time-consuming and challenging, particularly without expert legal guidance. Foye Legal provides efficient and comprehensive support, ensuring your application is complete, disputes are resolved effectively, and the estate is administered in a timely and compliant manner. Streamline the process and ensure compliance – let us guide you through your Letter of Administration application.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
It’s a court order appointing an administrator to manage and distribute an estate when there’s no valid Will or the appointed executor can’t or won’t act.
Required when someone dies intestate (without a valid Will) or when the Will’s executor is unavailable or unwilling to act.
Usually the closest next of kin, such as a spouse, children, or parents, in a specific order of priority set by law.
If you die without a valid will, your estate will be distributed according to intestacy laws, which may not reflect your wishes. This process can cause delays, disputes, and added stress for your loved ones. Creating a will ensures your assets are distributed as you intend.
Yes, it’s important to update your will whenever your circumstances change, such as getting married, divorced, having children, or acquiring significant assets. Regular reviews ensure your will remains accurate and legally enforceable.
The first step is to understand how your family home is owned. You may own it solely, as joint tenants or as tenants in common. If you own it as joint tenants, the home will automatically pass to your spouse on your death. If you want to leave it to your children, you should consider buying the home as tenants in common. Tenants in common each own a share of the house. If you die, you can leave your share to your children. If you own your home in your own name or as tenants in common, you could leave it to your children but give your spouse a life interest. A life interest can allow them to reside in the property until their death (or some other point), at which time your children can dispose of it as they wish.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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