What happens if an individual passes away without a Will in place?

Should a person pass without leaving a valid Will, it is said that the deceased has died intestate. In order to enable the distribution of the deceased’s estate an application for Letters of Administration is made in the Supreme Court of New South Wales.

A person, usually the deceased’s next of kin, will apply to the court to be appointed the “Administrator” within six months from the date of the deceased’s passing. There can be exceptions for delays in the making of an application for Letters of Administration if there is a reasonable excuse for same.

However, before making an application for Letters of Administration it is important to ensure that adequate searches have been undertaken for any Will, draft Will or any other document that may express the deceased’s testamentary intentions with respect to the distribution of the estate before any application for Letters of Administration is made.

The role of the Administrator is to collate all of the deceased’s assets and liabilities to determine the extent of the estate. It will also be the Administrator’s responsibility to distribute the deceased’s estate to beneficiaries as identified under the provisions of the Succession Act. This would include the spouse, children, de facto, siblings or any other eligible person. It is also the role of the Administrator to protect the Estate from any claims made against it.

Brydens Lawyers are experts in relation to all estate matters. If you require advice and representation in relation to any Application for Letters of Administration or any other estate matter then contact Brydens Lawyers without delay as strict time limits may apply. Contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. At Brydens Lawyers – #WE DO estate matters.