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Probate Letters of Administration Grant of representation estate lawyer legal queensland australia brisbane

Probate or Letters of Administration – What should you be applying for?

Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of representation, and whether it is necessary to obtain such a grant, I have outlined some questions that I am often approached with.

What is a grant of representation?

A grant of representation is a document which is provided by the court confirming the authority of an individual to administer and deal with a deceased person’s estate.

What type of grant of representation do I need?

The type of grant to be applied for will depend on the circumstances. Generally, there are three types of grants:

  • A grant of probate – this grant applies where there is a written will, and the executor named in that will is making the application for the grant;
  • A grant of letters of administration with the will – this grant applies where there is a will, but someone other than the named executor is making the application for the grant; and
  • A grant of letters of administration on intestacy – this grant applies where no valid will was written, but an authorised person is making the application for the grant.

How do I know if I need a grant of representation?

There are many circumstances where it will be necessary for a person (whether the executor or other authorised person) to apply to the court for a grant of representation. Some examples of situations where it is necessary include:

  • where the deceased owned real property;
  • where the deceased held a bank account with a balance over a certain amount (the threshold amount is generally set by the individual financial institution);
  • where an accommodation bond was held on behalf of the deceased by a nursing home;
  • where the deceased held shares over a certain value.

Generally, you will be notified by the relevant institutions that a grant is necessary.

What should I do next?

If you have any questions or you are unsure whether you are eligible to apply for the grant, please do not hesitate to contact me.

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The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

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Chloe Kopilovic

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now