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What is Letters of Administration with the Will annexed?

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Letters of administration with the will annexed

What is Letters of Administration with the Will annexed?

An application for Letters of Administration with the Will annexed is an application to prove a Will made by a person who is not named as an executor of the Will.  This application may be made if the executor of the Will is no longer alive, or is for any reason unable or unwilling to act and has renounced their right to obtain a Grant of Probate of the Will. In these circumstances those named as the major beneficiaries in the Will may apply to the court for a Grant of Letters of Administration with the Will Annexed.

The Supreme Court will issue a Grant of Letters of Administration with the Will Annexed to you if it is satisfied that:

  • the deceased is the author of the Will;
  • the executor of the Will is no longer alive, or is for any reason unable or unwilling to act;
  • you are a beneficiary named in the Will – as a general rule you will be a major beneficiary;
  • you have the written consent of any other beneficiaries who are entitled to apply;
  • the Will was correctly signed and witnessed;
  • the Will was not revoked by the deceased before s/he died; and
  • you have sworn to the value of the assets and liabilities of the deceased as at the date of death.

 

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