Letters of Administration

What if there is no Will?

If a person dies without leaving a Will, the court can make a similar Grant, known as ‘Letters of Administration’. Rule 610 of the Uniform Civil Procedure Rules allows a defacto spouse to apply for Letters of Administration.

As there is no Executor, the next-of-kin takes on the role of dealing with the deceased’s Estate. This cannot be done until a Grant of Letters of Administration is made. Letters of Administration are essentially the same as a Grant of Probate—they show that the Court has examined the relevant documents and is satisfied that the person named in the Letters has the authority to Administer the Estate.

How is the Estate divided if there is no Will?

The assets go to the next-of-kin according to rules set out in the Succession Act 1981. Changes in the Act in 1997 recognise defacto relationships of five years for this purpose.

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