Letter of administration
|Letter of administration|
Letters of administration - released by the court or inheritance register. The representation of subjects who will deal with the fortune of deceased person in the future and who have not been submitted in the testament poses the main goal of the letters of administration. The control of fortune should be served in the lawful and customary way (Administrator General 2019, s.11).
The fundamental and at the same time traditional form of administration letter adopts also the name of letter of administration with attached testament or letters of administration cum testamento annexo (Judiciary Brunei Darussalam 2019, s.2).
Types of letters of administration
Among types of administration letters we can distinguish (HM Courts & Tribunals Service 2019, s. 2):
- Letters of administration in case, when the dead man has not retained the testament.
- Letters of administration in case, when the dead man has retained the testament.
Release of administration letter
The main assumption connected with the release of the letters of administration is that the letters are give off only for the subject who will controls the fortune of dead man. In case, when the consort of deceased person is still alive then he or she inheres the precedence to get the rights of administration letter in relation to his or her children. However, in situation when the deceased person had been unwed then parents obtain the priority to get the privilege (Judiciary Brunei Darussalam 2019, s. 5).
When somebody apply for the rights to fortune it is necessary to assemble appropriate documents. The required documentation comprised (Judiciary Brunei Darussalam 2019, s. 3-4):
- Fulfilled submission for letters of administration;
- Declaration under oath;
- Permission from other entitled subjects to use the fortune;
- Essential warranties;
- Original and copy of decedent's death certificate;
- Confirmation of payment for notification.
The executor has to immediately accomplished the following actions (Fremantle Community Legal Centre 2016, s. 2):
- Inform all other beneficiaries if such an instruction had been contained in the testament.
- Obtain all necessary entitlements concerning the fortune management.
- Take care of dead man's property.
- Perform real estate valuation.
- Complement tax declarations.
- If such a necessity exists, all the dead man's debts should be adjusted.
- Divide the remaining fortune – if dead man's had such a will.
- Administrator - General (2019). The Administrator-General's Act, Retrieved 2019, s. 11.
- Fremantle Community Legal Centre (2016). Wills, probate and letters of administration, Retrieved 2019, s. 2.
- HM Courts & Tribunals Service (2019). How to obtain probate - A guide for people acting without a solicitor, Retrieved 2019, s. 2
- Judiciary Brunei Darussalam (2019). Probate & Letters of Administartion, Retrieved 2019, s. 2-5.
- Ministry of the Attorney General and Legal Affairs (2015). Laws of Trinidad and Tabago. Administration of Estates Act, Trinindad and Tabago, Retrived 2019.
- Supreme Court Tasmania (2017). Information kit. Letters of administration, Retrieved 2019.
- The Administration of Estates Act (2019). The Administration of Estates (Small Estates) (Special Provisions) (Probate and Administration) Rules., Retrieved 2019.
Author: Justyna Zalewska