Looking to get the right support at a difficult time and to apply to get control of your loved one's estate where there is no will?

Death When There’s No Will

Our estates team acknowledges it’s a tricky time in your life and we're here to guide you through the administration process with empathy and minimal fuss.
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How long does it take?

It depends on the assets involved and the complexity of the circumstances. Generally, allow three months to obtain letters of administration and then a further six months to distribute the estate.

Who's Involved?

  • You (the administrator of the estate)
  • your lawyer and our estates team
  • the beneficiary (or beneficiaries) of the estate
  • the accountant for the estate

What's the process?

Initial steps

Depending on your relationship with the person who has died without a will, you may need to take some legal steps to give you the authority to act as administrator.

If you're the "next of kin" (usually the spouse or a child of the person who has died), then we suggest you arrange a time to catch up with us where we'll chat about your family, the assets and liabilities involved, and who will be the beneficiaries in accordance with law.

Obtaining authority to act as administrator

Then if necessary, we can help you complete the paperwork to make application for "letters of administration", which involves an affidavit signed by you setting out why you are the right person to be in charge, and an inventory of assets and liabilities of the estate. Before we submit the application, we'll need to advertise your intention to apply for letters of administration (in case anyone can produce a valid will or objects to your right to apply). 

Administering the estate

Once letters of administration is granted, we can help you collect the proceeds of bank accounts, sell real property, pay out any liabilities and ultimately distribute the estate to the beneficiaries. We suggest that you wait for 6 months before distributing the estate as this is the time frame in which an eligible person could bring a claim against the estate.

 

What to have in order

  • The original death certificate.
  • Your identity documents (passport, driver's licence and medicare card).
  • A rough family tree of your loved ones' close relatives with full names and contact details (and dates of birth, if they are under 18).
  • Any bank statements, share statements, Vicroads statements, life insurance and super, property details, bond details, employment details or other valuable assets you can track down that will help us work out the assets of the estate.
  • Details of any loans, credit card balances, or other debts that will help us work out the liabilities of the estate.
  • An idea of the value of any cars, real property, or other valuable goods.
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Our Death When There’s No Will Team

Rebecca Alexander
Shaun Moloney
Meagan Compton
Grace Spokes
Ashleigh Goodwin
Nicholas Lenehan-Anderson
Sally Kirkman
Julie Rippon
Maria Borgia
Janet Boyd
Ebony Ryan