Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 August 2017.
Darren’s father, Bruce recently passed-away. Bruce owned a house and had a substantial superannuation fund.
Bruce was divorced many years ago and was survived by his three children.
Bruce did not have a will.
In order to deal with Bruce’s estate, a grant of letters of administration is required.
This type of grant is similar to a grant of probate, but is made in circumstances where there is no will.
Darren retains a solicitor to assist him with the process.
As would be the case with an application for a grant of probate, Darren needs to obtain his father’s death certificate and must identify all of his father’s assets and liabilities. A notice is also published on the Supreme Court website.
Unfortunately, there are additional requirements, specific to obtaining a grant of letters of administration.
Although Darren is certain that his father did not leave a will, he must make enquiries with his father’s bank, accountant, previous solicitors and the NSW Trustee and Guardian. These searches are detailed in his application for a grant.
Darren’s siblings must also sign consents for Darren to be appointed as administrator. They do not live locally and need to sign the consent in the presence of two witnesses including a Justice of the Peace. These consents are often executed incorrectly and need to be completed a second time.
Darren also needs supporting evidence for his application which include obtaining his sibling’s birth certificates and his father’s divorce order. He must also swear an affidavit verifying that his father was not in a de facto relationship at the date of his death.
These additional requirements result in additional legal costs and cause significant delay.
If Bruce had made a will, these problemswould have been avoided.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
