At Mal Ryan & Glen we understand that dealing with the death of a loved one is a highly emotional and difficult time for those who are left behind. With our long history and substantial profile practising in the area of deceased estates our highly professional and caring team are able to assist you in all manners of Probate and Letters of Administration.
Letters of Administration
Letters of Adminstration
What is a Grant of Probate?
A Grant of Probate is a legal process that is required to prove that a Will is valid and, therefore, that the Executors named in the Will have the proper authority to administer the estate of the deceased person.
When is a Grant of Probate required?
This largely depends on whether the asset holders (eg. banks) require the Grant as a condition of releasing the asset to the Executor/s.
If all of the deceased's assets are "jointly" owned then Probate may not be necessary. Probate is not required to remove the name of a deceased joint owner from a title. However, if the deceased instead owned real estate solely or as a "tenant in common" then Probate will be necessary as the Land Registry will not transfer ownership without the Grant.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is required when a person dies without a Will (dies intestate), or did not name an Executor in a Will, or the Executor is unable or unwilling to act.
Obtaining the Grant is a legal process whereby the Supreme Court appoints a person/s as the Administrator of the estate. Like the Executor of an estate, the Administrator is the person/s who are granted the authority to deal with the assets and liabilities of the estate.
Who are the beneficiaries of an estate when a person dies without a Will?
There is an inheritance guide that is essentially a flowchart that determines who benefits from an intestate estate.
Who can apply for a Grant of Letters of Administration?
You must be the closest next of kin of the deceased. This is determined as per the following order of priority:
-lawful spouse or domestic partner
-children, excluding step children, but including children adopted by the deceased
-brothers or sisters
-remoter next of kin.