Our experienced business advice lawyers can help you choose the best structure for your business both now and in the future.
What are Letters of Administration?
If your loved one passes away without a valid will and you believe you have a right to their estate, you may need to apply for Letters of Administration. Letters of Administration are a court order that allows you to manage someone’s estate. This means you’re responsible for settling their debts and dividing their assets. If someone dies with a will, the person responsible for managing their estate is called the executor.
Applying for Letters of Administration can be a difficult process that requires specific documentation to be completed and lodged with the court. Our lawyers can take you through the process and make sure that you have everything you need to make the application.
Difference between Probate and Letters of Administration
You may have heard of the term Probate. This is a legal process that you may need if your loved one died with a valid will. But if they passed away without a will in Victoria, then it’s legally called dying intestate. When someone dies intestate, you’ll need to apply for Letters of Administration to manage their estate.
Who can apply for Letters of Administration?
Generally, a person can apply for Letters of Administration if they believe they have a right over some or all of the assets of the deceased. This application is usually made by their partner, children or the person considered to be their next of kin.
If you’re granted Letters of Administration then you will be like the executor of the deceased’s estate, responsible for paying their debts and dividing their assets.
If you believe you have a right to your loved one’s estate or there is a dispute, MNG Lawyers can help you apply for Letters of Administration.
How to apply for a Grant of Letters of Administration
If you want to successfully apply for a Grant of Letters of Administration in Victoria there are several steps that you will need to follow.
Generally, the process should begin within six months of the deceased’s death. If you apply later than this, you’ll need to complete some additional legal documents to explain why your application took so long. Our Melbourne and Ballarat lawyers can help you make your application and ensure you’ve completed all the paperwork correctly.
We’ve outlined below the different steps that need to be followed to apply for Letters of Administration.
Gather the required documents
The first thing you need to do is gather all the documents that are required to support your application for Letters of Administration over the deceased’s estate. These include:
- The original death certificate;
- The original will (if they have any);
- A list with the names, ages and addresses of anyone you believe could be entitled to some of the estate;
- A list of any debts and assets of the deceased that you’re aware of.
Post a public notice on the registry website
Once you have all the necessary documents, you’ll need to file a Notice of Intended Application. This gives people notice of your application, so if anyone wants to contest or dispute it they have the opportunity to.
The application must be lodged on the probate online advertising system in Victoria. When you lodge your notice it must include several details including:
- The deceased’s full name;
- Their last known address; and
- Their death certificate.
You’ll also need to pay a small fee and wait at least 14 days until you can then apply for Letters of Administration.
Fill out the forms required for applying for a Grant of Letters of Administration
Once you’ve advertised your intention to apply for a Grant of Letters of Administration for 14 days, you’ll need to complete several legal forms to accompany your application in Victoria.
These forms include:
- Summons for Administration;
- Grant of Administration;
- Inventory of Property;
- Affidavit of Applicant for Administration; and
- Affidavit that the Deceased was not in a De Facto Relationship (if this is relevant).
Depending on the assets and property held in the estate and the close relationships that your loved one had, you may need to complete some additional documents as well.
Apply to the court with all relevant documents
You can begin your application online in Victoria at RedCrest-Probate. You’ll be asked several questions and the system will produce an affidavit and inventory of assets and liabilities of the deceased. You then print these documents out and have the affidavit appropriately witnessed.
With all the documents and forms in hand, you can then upload them to RedCrest-Probate to lodge your application for Letters of Administration with the court. If your application is approved the grant of Letters of Administration will be available online.
Your application may be approved instantly, or the court may ask for more information or dismiss your claim. Our lawyers can help you gather all the documents you need and make your application online to help you obtain an instant approval.
How MNG Lawyers can help
Putting together an application for Letters of Administration in Victoria can be tricky. Our Melbourne and Ballarat lawyers can help you gather all the documents you need for court and put together a list of assets for the estate. If there’s any doubt about whether the deceased had a will, we can also help you determine whether you need a Grant of Probate instead. We understand that this is an emotional time and can help take the stress out of the process so that you can then focus on doing what your loved one wanted with their estate.
Frequently Asked Questions
Yes, you can change your business structure if you find it no longer meets your needs. Depending on the complexity of your business and the structure you have and want to change to, changing how it’s structured can be relatively simple or may be quite costly.
While it’s not always essential that you have an agreement, for some business structures we recommend that you do have an agreement. For example, a partnership agreement would set out the rights and responsibilities of the partners. Similarly, a shareholders agreement sets out the obligations and rights of shareholders in a company. If you’re establishing a trust, you will need a trust deed to be drawn up.
Some business structures do require specific legal registrations. For example, a sole trader doesn’t have to register their business but a company must be registered with the Australian Securities and Investment Commission (ASIC). Regardless, if you have a business name that you use publicly it may be worthwhile registering your business name.