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Letters of Administration - Probate Solicitors Australia

LAWYER HELPLINE: ☎ 1800 455 260

If an individual dies without a will or if there is no executor appointed under a will or if the executors that have been appointed are unable to carry out their duties, it will be necessary for an interested party be granted letters of administration which is the courts authority to deal with the assets and liabilities of the deceased person. The person who obtains the letters of administration will usually be one of the beneficiaries who will receive a legacy usually under the intestacy rules which operate to define the priority of relatives who will receive the assets when there is no will.

Administrators Duties

The role of an administrator acting under a grant of letters of administration is similar to the duties of an executor in that the assets must be liquidated, except for specific property bequests and thereafter the debts and liabilities of the estate are paid prior to distribution of the assets to the beneficiaries who may take under a will where no executor was available or because of the intestacy rules which define priority of relatives.

Dismissal of Administrator

In the event that an administrator or executor fails in their duty to the beneficiaries by not fulfilling their responsibilities, a solicitor can make application to a court of law to terminate the grant and appoint new trustees. The court is usually reluctant to dismiss an administrator or executor except in the case of fraud or extreme bad faith. If the court does grant a dismissal the court will also appoint a new executor or administrator.

Probate Solicitors

Our specialist solicitors have particular expertise in challenging, disputing and contesting grants of probate and letters of administration. If you would like free advice from a qualified solicitor just use the helpline or email our offices and a solicitor will call you on the phone to discuss your potential claim without further obligation.

LAWYER HELPLINE: ☎ 1800 455 260