What are Letters of Administration?

When a person passes away without a Will (or if their will is invalid for any reason), a person who would be a beneficiary of their estate pursuant to the Administration Act 1903 (WA) can apply to the Supreme Court for Letters of Administration.

For an application to be successful, they must have the written consent of any other entitled beneficiaries.

Once granted, the nominated person acts as the administrator of the estate and must then manage and distribute the estate in accordance with the Administration Act.

It is important to have an experienced solicitor assist you with an application for Letters of Administration to ensure that your application complies with the legislation and Court requirements. An experienced solicitor can also help you to determine what the deceased’s assets and liabilities are if that is unclear, and assist to determine how the estate should be administered according to law.

What is Letters of Administration with the Will annexed?

If a person passes away with a Will, but the executor/s are unable or unwilling to act (e.g. if they have lost capacity or passed away), a person entitled can apply to the Court for a grant of Letters of Administration with the Will annexed.

This is similar to an application for Letters of Administration but is more complex.