What is a ‘Grant of Letters of Administration (with the Will annexed)’?

Jul 10, 2023

When a person dies in Victoria leaving assets, to distribute those assets to beneficiaries, a grant of representation which is issued by the Supreme Court is required. There are a number of types of grant applications and the application appropriate for you will depend on a number of factors. This week, we explore the Grant of Letters of Administration application (with the Will annexed).

A Grant of Letters of Administration (with the Will annexed) is appropriate where the deceased left a valid Will at the date of their death, however, there is no Executor available to apply to the Court for the Grant of Probate.

For example, John Smith appointed Sally Smith to be his Executor and is Sally Smith was unable to act then Ben Smith as his substitute Executor. However, if both Sally Smith and Ben Smith predeceased the deceased, then the person who makes an application for a Grant of Letters of Administration (with the Will annexed) is the beneficiary with the majority interest under the Will of the deceased.

Once the application has been granted by the Court, the person who made the application will be authorised to act on behalf of the Estate. This person is called the ‘Administrator’.

If you need assistance with applying for a Grant of Representation or to administer an estate, please contact Kimi Shah or Rachel Fletcher.