Letters of Administration

Letters of administration refers to a certificate issued by the Supreme Court that authorises a person to act as an executor when there is no Will or when there is a problem with the Will. An example of the latter is when the executor named in the Will is deceased or is not capable of acting as an executor due to reasons of ill health, mental capacity or legal circumstances.

If you are the spouse, de facto spouse or other direct family member of the deceased, and the deceased died without a Will, or the Will is declared invalid, then you can apply to the Supreme Court to become the administrator of their estate. Following your application, the Supreme Court will issue a Grant of Letters of Administration in the name of the applicant. The Grant will then authorise and enable you to collect the assets of the deceased and to distribute them according to the State intestacy laws.