Letters of Administration – what if there is no Will?
If you die without a Will, or a valid Will, your closest next of kin can apply for Letters of Administration to administer your Estate, in the following order:
- lawful spouse or partner
- children, excluding step-children, but including adoptive children
- grandchildren
- parents
- brothers or sisters
Rather than obtaining a Grant of Probate, your next of kin will obtain a Grant of Letters of Administration and thus become the Administrator of the Estate.
Where there is no Will, the Administrator will have to administer your Estate and distribute property to your partner, children or other relatives according to the laws of intestacy.
If you die with a Will but the Executor has died before you or is unable to act as Executor, the major beneficiary of the Estate can apply for Letters of Administration with the Will Annexed to administer the Estate pursuant to that Will.
It will be important to obtain legal advice if you are the next of kin of a loved one who has died without a Will. We can assist you to apply for Letters of Administration and provide advice on how the estate must be distributed in accordance with the laws of intestacy.