Making, or updating your Will is a task we all say “Yes, I have to do that” or “Yes, I will get around to that”- something we plan to do in the future.
Having an updated, valid Will is the most convenient way for people to legally distribute their assets according to their wishes after they pass away. However, for myriad reasons, this is not always possible. In these cases, where there is no Will, or the Will is deemed invalid, the Deceased is said to have passed away “intestate”.
When someone passes away intestate, generally their estate will need to be distributed in accordance with the Administration Act 1903 (WA). Section 14(1) of that Act sets out a table by which the estate of the Deceased will be distributed. An application to administer the estate is called an application for Letters of Administration. Since there is no Will to guide who will make this application (i.e.- the executor in probate applications), the next-of-kin will usually be responsible.
The Administrator of the estate will be responsible for the following:
- Making a list of the assets and liabilities of the Deceased, with their values (Statement of Assets and Liabilities)
- Filing a supporting affidavit
- Acquiring the consent of any other person who has equal right to apply to administer the estate
- Paying the funeral expenses and debts of the Deceased
- Administer the estate to beneficiaries according to the law
Assets such as jointly owned property and the Deceased’s superannuation will not be included in the estate.
In the event a dependant of the Deceased feels they have not been adequately provided for, the Supreme Court of Western Australia has power by virtue of certain legislation other than the Administration Act 1903 (WA) to change the division of the estate (Family Provision Act 1972 (WA)). This can also be achieved (if all beneficiaries agree) by the implementation of a Deed of Family Arrangement.
If you are seeking further legal advice on this issue or require assistance in making an application for Letters of Administration, Deed of Family Arrangement or Provision Act claim, please call Appius Lawyers and speak to one of our experienced solicitors.
