Authors: Registrar John Earles
Published: 13 February 2023
Pages: 43

Introduction

In making a will a person does three things; firstly, they revoke all prior wills, secondly, they nominate a person or persons to undertake the instructions they stipulate in their will (an executor), and thirdly they give all their assets to such persons or organisations of their choice (beneficiaries).

Therefore, if a person dies without leaving a will they are said to have died intestate and it is necessary to determine who is entitled to apply for administration and so administer the estate, that is pay any debts, get in all assets including any debts owing to the deceased and distribute those assets in accordance with the instructions in the will.

The question you need to determine is who is the person entitled to make an application to the court for a grant of letters of administration, the type of application necessary when a person dies without leaving a will. (contd...) 

Content outline

• Grant of administration
• The affidavit