Letters Of Administration
Whenever a person dies and there is not a valid Will to be enacted a Grant of Letters of Administration is required to distribute the deceased’s assets.
At Perth Probate and Wills Lawyer we offer packages to suit all budgets in obtaining the grant, Offering you as much support as you need to complete the process.
Get in contact with our Perth Probate Lawyers
Guided DIY
Just $1430
Preparation of legal documents ready to be signed and lodged including 2x 15 minute phone calls with our estate team.
Full Service
Just $1980
DIY plus a 30 minute meeting for consultation and signing of documents, plus lodgement and collection from the court.
Deluxe
Just $2750
Full Service plus Estate Administration help including a One hour meeting with our team and a written letter of advice
Letters of Administration Lawyer
Please Note there is an additional fee of $550 for instances where there is a will annexed and an additional $1100 for Informal Wills (non-contentious) whilst we can’t provide a fixed fee for contentious Informal Wills
2. Who is Entitled to a Distribution from the Estate?
Section 14 of the Administration Act 1903 provides a table detailing the persons who are entitled to share in the estate in particular circumstances. Below is a simple diagram of those who are entitled to a share according to section 14.
A. Spouse
A spouse includes a husband/wife, de facto partner and same sex partner. If a person dies with a husband/wife and a de facto partner, then if the deceased and de facto lived as partners:
(a) for 2 years immediately before death and not as the partner of the husband/wife, the husband/wife and de facto evenly split the spouse entitlement; or
(b) for 5 years immediately before death and not as the partner of the husband/wife, the de facto receives the entire spouse entitlement.
B. Children (Adopted and Step Children)
The Administration Act 1903 places legitimate and illegitimate children in the same position. An adopted child is taken to be the child of the adopting parent and not the child of the natural parents. In the case of children from fertilisation procedures, the donor is not the parent. The mother and her partner are the parents.
Unfortunately, step-children, unless adopted, are not included in the definition of children and no provision is made for them on intestacy.
C. Grandchildren, Nieces & Nephews
Grandchildren, nieces and nephews are generally not entitled to receive a distribution from the deceased’s estate except in circumstances where their parent (ie the child or sibling of the deceased) died before the deceased. In these circumstances, only the child of the deceased sibling or child can receive an inheritance and the children of surviving siblings or children do not receive an inheritance.
D. Relatives by Marriage
The Administration Act 1903 does not make provision for relatives by marriage, such as step siblings. Therefore, when referring to relatives such as aunts and uncles, it must be your parent’s sibling not a brother or sister in-law.
3. What are the Respective Entitlements?
Section 14 of the Administration Act 1903 has a set formula for determining the amount a relative is entitled to receive from a deceased estate. It varies depending on your personal circumstances. It is important to note that a Deed of Family arrangement can be used to formalise a different distribution, such as give affect to deceased’s wishes but please note there may be tax implications such as CGT for changing land entitlements.
4. Who makes the Application for Letters of Administration?
The case of Letters of Administration is more complicated as there is no named executor. Persons who may make an application for a Grant of Letters of Administration is generally one or more persons entitled to a distribution from the estate residing in Western Australia.
Where more than one person is entitled to apply for a Grant of Letters of Administration, all those persons will need to jointly apply or, usually the more practical option, one person applies and all others entitled sign a consent, like a renunciation for a Grant of Probate.
5. What documents do you need to provide?
(a) The Original Will (if applicable)
(b) The Original Death Certificate
(c) An Asset and Liability Statement of the Deceased’s estate, to be attached to the Affidavit. We provide you with an information sheet on what we need.
We will prepare the necessary Motion, Affidavit of Administrators and Consents of those entitled to be administrator but opting not to be so. Where there is a minor beneficiary, we will also prepare the necessary Section 17A Trust Deed.
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Perth Letter of Administration FAQ
A Letter of Administration is a legal document issued by the court that allows a person to administer the estate of someone who died without a will (intestate). It is needed when there is no appointed executor because the deceased did not leave a will, or the named executor is unable or unwilling to act.
Generally, the closest living relative of the deceased, such as a spouse, child, or parent, can apply for Letters of Administration. If there is no eligible family member, the court may appoint a public trustee or another suitable person to administer the estate.
Learn more about the application process by calling us on 08 6156 2700 or on the Supreme court of WA.
The time it takes to obtain Letters of Administration can vary depending on the complexity of the estate and the court’s processing times. It usually takes several weeks to a few months from the time of application. Delays may occur if the application is contested or if additional documentation is required.