What are Letters of Administration?
Letters of Administration is a court order that confirms the authority of the person whom administration is granted to and the death of the person whose estate is being administered.
Letters of Administration are normally made when a Will is not left or for other technical reasons. The Court is therefore careful to ensure that the person to whom administration is granted is someone who has an interest in the estate.
It follows that Letters of Administration is a relatively complex process and can arise in unusual circumstances, including after Grant of Probate has been issued.
Do I need to apply for Letters of Administration in NSW?
You may need to apply to Letters of Administration if the deceased person died owning a house or land or some other asset of significant value such as bank accounts, shares, or superannuation.
You may also wish to apply for Letters of Administration because someone else may apply for Letters of Administration and you do not trust that person to administer the estate properly.
How long does it take to obtain Letters of Administration in NSW?
It normally takes at least eight weeks to obtain Letters of Administration is granted by the Supreme Court. The NSW Supreme Court websites estimates 20 days, but this tends to be exceeded for letters of administration and complex grants.
What are the duties of an Administrator in NSW?
The duties of an Administrator in NSW are the same as the duties of an Executor.
However, where an Executor has whatever flexibility granted to them under the Will there is often no Will in the context of the Letters of Administration and so there is nothing to broaden the authority of the administrator.
The administrator must administer the estate promptly and according to law. They cannot show favour or benefit one beneficiary more than anyone else, particularly themselves.
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.