Who can apply for Letters of Administration?
The entitlement to apply for a Grant of Letters of Administration (LOA) is hierarchical and set by legislation in each State.
For Letters of Administration on Intestacy this generally follows the concept of ‘next of kin’, that is, firstly a spouse, then children, and so on. For situations where there is a Will, it is usually determined by the persons who are receiving the control or largest benefit of the residuary (balance) of the person’s estate.
It is important that the person with the highest entitlement to apply is the person who is applying for Letters of Administration or, if not, you have taken appropriate steps to ‘clear off’ anyone with a higher right to apply.