What is letters of administration?
Letters of administration is confirmation by the Court of the identity of the person or persons entitled to deal with the estate as “administrator”. The administrator is appointed in circumstances where either no executor was appointed under a valid will or no executor is able or willing to act in that role.
What is ‘parchment paper’ and why do I need it for letters of administration?
Traditionally the Supreme Court of Victoria issued hard copy grants, which were stapled to thick cardboard called ‘parchment’. In 2020 the Court moved to issuing online grants only through RedCrest. Your solicitor is still able to provide you a certified copy of the grant after inspecting the “original” held in RedCrest.
Digital grants, and copies of them, can be distinguished from copies of hardcopy grants, because the digital grants now include a unique identifier in the bottom right-hand corner.
When is letters of administration required in Victoria?
There are two forms of letters of administration in Victoria – letters of administration no will and letters of administration with the will annexed.
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 Victoria?
Letters of administration is not required if a deceased person died with a valid will that appointed an executor who is willing and able to act in that role. It is also not required if the deceased person left a small estate which can be dealt with without a grant, or if their assets were mainly all in joint names so pass to the surviving joint holder automatically.
Do I need to obtain letters of administration?
If you cannot locate a will or know there is an issue with the will, then you may need to obtain letters of administration in order to have the authority to deal with the estate assets.
Who is entitled to apply for a grant of letters of administration in Victoria?
Typically the person who stands to inherit the most from an estate is the person that is considered most eligible to make the application. Other interested parties, such as creditors, can make an application. However, the Court may require them to take out insurance known as a “surety guarantee” in order to protect the estate if their administration was somehow deficient.
How long does letters of administration take in Victoria?
An application for letters of administration usually takes the Supreme Court of Victoria 4-6 weeks to process. The application process may take longer if the Court needs to come back to you to ask additional questions, or if there is some controversy related to the application. The death certificate is required for the application, so the process may be delayed if the death certificate takes a long time to issue.
Can you get a reseal of letters of administration in Victoria?
Yes. A reseal is essentially a restamping of a grant made in another Commonwealth jurisdiction, most commonly an Australian state or territory. The reseal confirms that the grant is recognised as valid within Victoria.
When do I need to get a reseal of letters of administration in Victoria?
Typically a reseal is only required if the deceased person owned real estate in Victoria at the date of their death. Most banks and share registries will recognise grants from other jurisdictions. Unfortunately, the land titles office will not so you will need to obtain a reseal if real property is owned in Victoria and letters of administration was granted in another jurisdiction.
Gillian Hunter
Director – 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.