Letters of Administration

Letters of Administration refers to an application made to the Supreme Court of NSW, where the Will of the deceased cannot be located or where there is a Will, but no Executor named in the Will or the Executor named has died or is unable to act as Executor.

A Grant of Letters of Administration means that the Administrator appointed by the Court can deal with the Estate in the same way an Executor would deal with the Estate, such as paying debts of the Estate and administering the Estate in accordance with the Will, or in accordance with the Laws of Intestacy if there is no Will.

The difference between Probate and Letters of Administration is whether the deceased left a valid Will with an Executor, who is able to act, or whether the deceased left a valid Will with no Executor, able to act or left no Will at all.

Applying for Letters of Administration can be more time consuming and costly than applying for a Grant of Probate, as it involves more information being provided to the Court. This is why, it is so important to seek expert legal advice on your Will which can include ensuring that you name more than one Executor, so that your Estate will not be subject to a Grant of Letters of Administration.

Taking the time to engage a specialist lawyer in the practice of wills and estates will help you reduce the risk of incurring additional costs to your family once you die if the correct provisions are not considered properly.

Your first consultation with one of our experienced wills and estate lawyers is free of charge. Get In Touch and provide peace of mind to yourself and your family.

It is extremely important to choose your Executors carefully because they are the people that will be carrying out the wishes contained in your Will.

Executors administer your Estate including distributing your assets to your beneficiaries. In order to administer your Estate your Executors will be given the power to deal with your assets and this may include the power to sell real estate and make investments.

Although your Executors have a duty to act honestly in the interests of your beneficiaries there are a number of court cases where Executors have breached this duty to further their own financial interests.

To ensure that your Estate is not caught up in expensive litigation if your Executors breach their duty to your beneficiaries you need to make sure that the Executors you choose are trustworthy and will act in your beneficiaries best interests.

When considering whom to appoint as your Executors you should also consider their age, as you want to avoid appointing Executors who may not be alive to administer your Estate. It is also wise to appoint more than one Executor to ensure that, in the event one of the Executors is unable or unwilling to act as your Executor, the surviving Executor can administer your Estate. Administering an Estate can be time consuming so before you decide on your Executors have a talk with them to make sure that they are willing to act for you in this capacity.

Your Executors will also be the people who will be in charge in the event that there is a family provision challenge to your Will. In a day of sometimes complex family arrangements appointing Executors who are aware of your family circumstances and the reasons behind the distribution of your assets can be helpful.

There are numerous additional reasons why choosing your Executors carefully is essential. However, the one thing to keep at the front of your mind is the fact that you are handing your Executors all your assets for distribution to your beneficiaries. So you need to choose carefully.

Our expert Wills and Estates Lawyers are aware of the problems that can arise when a person does not choose their Executors carefully. This knowledge makes them an invaluable resource in advising people on choosing Executors to ensure that the distribution of your assets after your death is as smooth as possible for your beneficiaries. We can advise you in depth about the rights and responsibilities of your Executors and the type of powers that they can be given to distribute your Estate.

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Jane Araneda
Jane Araneda
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Thanks to Graeme, Blaise and their team at Heckenberg Lawyers for helping us finalise our matter in a timely manner. They were always very helpful and professional. They took care of everything very well, which meant that there was no added stress on me and my family. Jane A.
Kim Pink
Kim Pink
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I found Heckenberg Lawyers to be very professional and knowledgeable. Graeme took the time and explained the entire process to me. He was never pushy nor was he just after "his cut" as so many other practices are. He was at all times looking out for the best interest of the estate and not wanting it to be eaten. I found his staff to be extremely thorough and attentive. I would have no hesitations to recommend this practice if you want the best outcome possible.
Donna Hodges
Donna Hodges
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Blaise was extremely professional in assisting with all matters to do with my fathers estate and probate. She made an extremely complex process very easy to understand and instilled great confidence at a difficult personal time for our family.
Sonja Psaroudis
Sonja Psaroudis
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If you need legal representation in a matter to do with Wills & Estate law I highly recommend Graeme, Blaise and the whole team at Heckenberg. Their knowledge and expertise in this area of the law was a huge comfort at a very difficult time, saving all parties involved time and money in the long run. Thanks again .!
Olma Mignacca
Olma Mignacca
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Graeme is trustworthy and thorough. His charges were reasonable and easily understood. The team was considerate and helpful.
Samuel Burns
Samuel Burns
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As the executor of an estate, I engaged Graeme and his team to handle a family provision claim and probate matter. I found Graeme to be professional and knowledgeable. Throughout the entire process, Graeme treated all parties involved with respect. He was always willing to take my concerns onboard and never pushy. Highly recommended.
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