What is letters of administration?
Letters of Administration is a court order authorising someone to collect, deal with, and distribute the estate of a person who has not left a Will.
Do I need to live in the Australian Capital Territory to get letters of administration?
A proposed administrator does not need to live in the ACT to get letters of administration, however it is more difficult for those who live outside the ACT to make an application. The reasons for this are because the applicant will require a local address for service, and will need to personally attend the Supreme Court to complete an affidavit of search on the same day their application for letters of administration is lodged.
When is letters of administration required in the ACT?
Letters of Administration is required where the deceased has not left a Will, and has left assets owned in their sole name in the Australian Capital Territory.
The former is used when the deceased person died intestate (ie. without a will) and appoints a person (usually a primary beneficiary) to administer the estate in accordance with a statutory framework. The latter is used where there is an issue with the appointment of executor under the will, usually either that the only named executor(s) have already died, or are unwilling to act in that role. In this case the beneficiary with the greatest entitlement under the will usually makes an application to be appointed the administrator to administer the estate in accordance with the will as if they were the original executor.
When is letters of administration not required in the ACT?
Letters of Administration is not required if the Deceased did not leave assets in their sole name in the Australian Capital Territory. For example, they may own all of their assets jointly with other people, or hold their assets in superannuation.
Do I need to obtain letters of administration?
Letters of Administration will need to be obtained where the deceased has not left a Will, and has left an ACT estate which will need to be distributed.
Who is entitled to apply for letters of administration in the Australian Capital Territory?
Anyone who is eligible to receive whole or part of a deceased person’s estate according to a strict statutory formula will be entitled to apply for Letters of Administration.
How long does letters of administration take in the Australian Capital Territory?
A person who wishes to apply for letters of administration will firstly need to publish a notice of their intention to apply in The Canberra Times, which will allow an application to be filed after 2 weeks and within 3 months of publication of the notice.
After publishing this notice, it may take around a month for letters of administration to be granted if an application is promptly filed.
Can you get a reseal of letters of administration in the ACT?
In the Australian Capital Territory, you can get a reseal of letters of administration which have been granted in any other Australian jurisdiction, as well some other countries such as those in the Commonwealth.
When do I need to get a reseal of letters of administration in the Australian Capital Territory?
You will need to get a reseal of letters of administration in the Australian Capital Territory before you can deal with the deceased’s assets located in the Australian Capital Territory, such as real property.
Wills and Probate Lawyers Canberra
Gillian Hunter
Partner – Estate Lawyer
Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible.
Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.
Gillian is a self-confessed Wills and Estates tragic who finds satisfaction in harnessing her acute knowledge of the applicable legislation and case law to procure good outcomes for her clients.
Gil’s mantra is “conversations should be bridges, not battlefields” and she applies this in her dealings with other lawyers, to bring about innovative and prompt resolutions.
Jessica Win
Estate Lawyer
When it comes to estate litigation matters, Jess is capable as both a strategist and a tactician. Having also operated in probate and administration for her whole professional career, Jess manages disputes to both engineer the most commercial and meaningful outcomes for clients and ensure that these ideal outcomes can practically take effect. Jess is passionate about guiding her clients throughout the whole litigation experience, from providing initial advice to carrying out any final work following the finalisation of a dispute.
Jess is also a big proponent of a multidisciplinary approach to problem-solving. Jess has a developed understanding of both property and tax law which assists clients in understanding how certain outcomes may affect their financial positions in both the short- and long-term, both in estate planning and in dispute resolution.
Anastasios Nicolaidis
Estate Lawyer
Taso has been taking care of the legal needs of individuals for over a decade. His experience includes drafting wills, handling deceased estates, navigating commercial disputes, assisting with property transactions, and civil litigation (estate and general).
When it comes to disputes, he strives to deliver. He delivers advice in a way that ensures clients appreciate the benefits and risks. His calm and thorough approach to litigation makes him a formidable and respected opponent.