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Letter Of Administration: What Happens When One Passes Away Without A Will?

In cases where the deceased passed away without a will or with an incomplete or invalid will, the next of kin of the deceased must make a court application for the grant of letter of administration. The Court will appoint the next of kin as the administrator of the deceased’s estate. Following that, the appointed administrator will then have the authority to distribute the assets of the deceased in accordance to the Intestate Succession Act.

How do I apply for letters of administration?
To apply for letters of administration, the Court requires the applicant to procure 2 sureties to execute an Administration Bond in favour of the Court. Given the complexity of the application, it is recommended that you hire a proficient lawyer to handle the application for the Grant of Letter of Administration.

Who can be an administrator?
The Court will typically appoint the next of kin of the deceased to administer the estate of the deceased. In order of priority, the Court will may appoint the spouse, the children of the deceased, the parents of the deceased, the brothers and sisters of the deceased, the nephews and nieces of the deceased, the grandparents of the deceased and finally the uncles and aunts of the deceased.

Besides that, Section 6(1) of the Probate and Administration Act states that there must be at least 2 administrators (or a trust corporation) where there is/are minor beneficiaries (where one or more of the beneficiaries are below 21 years old). Also, the administrator cannot be an undischarged bankrupt as stated in Section 130(1) of the Bankrupt Act.

It is critical to understand and file the application for the grant of letter of administration promptly. As such, a lawyer can help you to ensure that all the procedures and steps are adhered to during the application. Here at Gloria James-Civetta & Co, our lawyers specialise in such application and can assist you.

Should you require any legal assistance with issues related to letters of administration, please do not hesitate to contact our friendly lawyers at Gloria James Civetta & Co @ +65 63370469.

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