A Letter of Administration Without Will is required in Australia when a person dies intestate (without leaving a valid will) and their estate needs to be administered. This document is issued by the Supreme Court of the relevant state or territory and grants legal authority to the administrator to manage the deceased's estate. It includes crucial information such as details of the deceased, the administrator's identity and right to administer, a summary of the estate's assets and liabilities, and details of the entitled beneficiaries under intestacy rules. The document is necessary for accessing bank accounts, transferring property, paying debts, and distributing assets to beneficiaries. It protects both the administrator and third parties dealing with the estate by providing clear evidence of the administrator's authority to act on behalf of the estate.
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1. Court Details: Identifying information of the relevant Supreme Court registry
2. Matter Details: Reference to the deceased person and the nature of the application
3. Applicant Details: Full legal name and address of the person seeking administration
4. Deceased Person Details: Full name, last address, occupation, and date of death of the deceased
5. Intestacy Declaration: Statement confirming the deceased died without leaving a valid will
6. Relationship and Entitlement: Details of the applicant's relationship to the deceased and their right to administer
7. Search Statement: Confirmation that searches for a will have been conducted
8. Estate Details: Summary of the deceased's assets and liabilities within the jurisdiction
9. Next of Kin: List of persons entitled to share in the estate under intestacy rules
10. Administration Declaration: Formal request for grant of administration and commitment to administer according to law
11. Verification: Sworn statement verifying the truth of the contents
1. Foreign Assets Statement: Required when the deceased owned assets in other jurisdictions
2. Aboriginal or Torres Strait Islander Status: Required when the deceased was of Aboriginal or Torres Strait Islander descent, as special provisions may apply
3. Previous Marriage Details: Required when the deceased had previous marriages that may affect distribution
4. Delay Explanation: Required when application is made more than 6 months after death
5. Renunciation Statements: Required when persons with prior right to administration have renounced their rights
1. Schedule A - Estate Assets: Detailed inventory of all assets owned by the deceased at time of death
2. Schedule B - Estate Liabilities: List of all debts and liabilities of the estate
3. Schedule C - Supporting Documents: List of documents filed in support of the application
4. Annexure 1 - Death Certificate: Certified copy of the deceased's death certificate
5. Annexure 2 - Search Results: Results of searches conducted for a will
6. Annexure 3 - Identification Documents: Certified copies of applicant's identification documents
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