Why Grant of Letters of Administration Intestate is Given



Letters of Administration may be granted in one of two ways. In the first, the Will is annexed to the Grant of Letters of Administration, whereas in the second, the Will is not attached to the Grant of Letters of Administration.

A grant of letters of administration intestate with the will annexed is requested when a deceased has a will but the designated executor is not performing that job due to any circumstance. The applicant will be designated as the estate's administrator rather than the executor receiving probate.

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Even after getting Letters of Administration with the Will Annexed, an Administrator is still necessary to administer the estate in line with the Will

A Grant of Letters of Administration is required when a person passes away intestate without a valid Will and is requested.  The applicant will be selected to serve as the estate's administrator and be responsible for conducting the estate's business legally.

Requesting letters from the administration

A Grant of Letters of Administration must frequently be requested by beneficiaries of an estate. This will typically be the deceased person's surviving spouse, flatmate, or children. If the deceased person's parents or sibling don't have a suitable spouse, or children, they may submit an application. Section 25 of the Administration Act 1903 specifies who the Court may authorise to administer an intestate person's estate.

Once it is decided who will pursue administration of an estate, the process is similar to requesting a Grant of Probate. Everyone who is qualified to apply but isn't submitting a letter of consent must submit one along with the application.

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