What is a grant of Letters of Administration?
A Grant of Letters of Administration is a document issued by the Court confirming a person’s authority to deal with the affairs of a person who died intestate (without leaving a valid Will).
The Supreme Court will issue a Grant of Letters of Administration if it is satisfied that:
- the deceased died without leaving a valid Will;
- the applicant is entitled to a benefit from the estate under the Administration Act 1903 (WA);
- the applicant has written consent of any other person who is entitled to apply; and
- the applicant has sworn to the value of the assets and liabilities of the deceased as at the date of death.
Who can apply for Letters of Administration?
The Administration Act 1903 (WA) sets out those who are entitled to apply for a grant of Letters of Administration and the formula for dividing the deceased’s estate among the surviving family members.
An applicant must obtain written consent from any adult beneficiary of the estate or provide the Court with proof that they have served notice of their intention to apply on each beneficiary.
If any one or more of the beneficiaries are under the age of 18, the Court may require the applicant to obtain a surety guarantee.