Where there is no A document that sets out what a person wants to happen to their money and other property after they die., or a will is executed but does not appoint an The person named in a will as the one who must ensure that the deceased person’s intentions, as stated in the will, are carried out., A document that gives a person authority to manage the property of a person who has died without making a valid will that covers all their estate. See also intestate. must be obtained before the All the property a person has, including real property and personal property. It is often used to describe property belonging to someone who has died, or the property of a bankrupt. of the deceased may be distributed. The procedure is similar to that required for obtaining a grant of probate.
Probate and estate duties were completely abolished by 1984; therefore, no formalities are now required at either state or federal level.
Need for grant of probate or letters of administration
A grant of probate or letters of administration is required because the assets of the estate may not otherwise be collected for the benefit of the beneficiaries of the will. For example, the deceased may have had a bank account, and banks will only allow executors to have access to a deceased’s account if the executor concerned has received a grant of probate. Another practical result of receiving a grant of probate (or letters of administration) is the protection the grant gives to the beneficiaries or next of kin. Such people can assume that they are the only people who will receive the property of the deceased. If someone disputes this claim by, say, the production of another will, the only way these claimants can receive any of the estate is to apply to the Supreme An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. to decide which is the last Legally binding or effective. will.
A grant of probate or letters of administration is essential to enable the ‘personal representative’ (the executor or (1) (wills) Someone who takes legal responsibility for the possessions of a person who has died without making a will, or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. (2) (companies) A manager appointed by the directors of a company that is in financial difficulty. This may give creditors a better chance of getting their money back because the company can keep trading under supervised management instead of being wound up. of the estate) to obtain the title to the deceased’s property and then to collect, administer and protect it for the benefit of those interested in the estate. These may be creditors, beneficiaries or next of kin. The production of the probate is the only way the personal representative can prove title to enable the deceased’s assets to be dealt with.