When a loved one passes away, the emotional toll is already heavy, but when there is no Will in place, sorting out the legal and financial side of things can feel overwhelming. This is where a Grant of Letters of Administration comes in.
In Western Australia, if someone dies without a valid Will, or the nominated executor cannot act, family members may need to apply for a Grant of Letters of Administration to obtain the authority to manage and distribute the estate. It is a critical part of the estate administration process however is not always straightforward.
Here’s what you need to know:
What Are Letters of Administration?
There are two main types of Letters of Administration:
- Letters of Administration with the Will Annexed
This applies when the deceased left a valid Will, however the executor named in the Will cannot or will not act (e.g. they’ve passed away or do not want the responsibility). Instead, another eligible person applies to be appointed as Administrator of the Estate who is required to administer the Estate in accordance with the terms of the Will.
- Letters of Administration (without a Will)
If the deceased did not leave a valid Will this is known as dying intestate. Someone close to the deceased must apply to the Supreme Court to obtain the authority to administer the estate. In this case, the estate is distributed according to Western Australia’s Administration Act 1903, not personal wishes.
Who Can Apply for Letters of Administration?
Usually, a spouse, de facto partner, or adult child of the deceased applies. If none of these persons are suitable, the law allows parents or siblings to apply instead. The order of priority is outlined in Section 25 of the Administration Act 1903 (WA).
If you’re unsure whether you’re eligible, it is best to seek legal advice, especially if there’s a dispute among family members.
What’s Involved in the Application?
Applying for Letters of Administration involves more than just filling out a form. You’ll need to prepare and file with the Supreme Court:
- the original death certificate (plus a copy).
- If there’s a Will, the original document.
- a Motion for the grant that you are seeking (i.e. Letters of Administration).
- Submit a detailed affidavit, including:
- Your relationship to the deceased
- Information about the estate
- A Rule 9b Statement of Assets and Liabilities
The affidavit must meet strict legal standards including correct formatting and the deponents signing must be witnessed by an authorised person. Mistakes or missing information can cause delays.
Additional Requirements: Consent and Sureties
If there are multiple beneficiaries (e.g., adult siblings), the other siblings who are not applying must give their written consent for you to apply.
If any of the beneficiaries are under 18, you’ll need two sureties, people who agree to cover any loss that might occur due to your handling of the estate. This adds another layer of complexity and is one reason legal advice is strongly recommended.
What About Costs?
There are filing fees for lodging the application, and while legal advice adds to the cost, it’s usually recoverable from the estate itself. At BBV Legal, we offer fixed pricing, so you will know upfront what the process will cost, no surprises, and no hourly billing.
Why You Should Obtain Legal Advice
While some applications are straightforward, others can be far more complex especially when:
- There’s a dispute about who should apply
- The estate includes minor beneficiaries
- The deceased had significant or unusual assets
Getting legal advice early on helps avoid costly mistakes and delays and ensures the estate is handled lawfully and fairly.
Final Thoughts
Losing a loved one is never easy, and when there’s no Will, the legal path forward can feel murky. Understanding the role of Letters of Administration helps clarify what needs to happen next—and ensures that the estate is managed with care and respect.
Need help? Contact BBV Legal on (08) 9325 9644 to arrange an initial meeting. We’re here to guide you every step of the way.
