Letter of administration

Letter of administration
See also
Special power of attorney Deed of surrender Limited warranty deed Absolute assignment Certificate of satisfaction Pendente lite Satisfaction of mortgage Fixed and floating charge Commissioner for oaths

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).

Required documentation

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):

1. Fulfilled submission for letters of administration;
2. Declaration under oath;
3. Permission from other entitled subjects to use the fortune;
4. Essential warranties;
5. Original and copy of decedent's death certificate;
6. Confirmation of payment for notification.

Executor’s tasks

The executor has to immediately accomplished the following actions (Fremantle Community Legal Centre 2016, s. 2):

1. Inform all other beneficiaries if such an instruction had been contained in the testament.
2. Obtain all necessary entitlements concerning the fortune management.
3. Take care of dead man's property.
4. Perform real estate valuation.
5. Complement tax declarations.
6. If such a necessity exists, all the dead man's debts should be adjusted.
7. Divide the remaining fortune – if dead man's had such a will.

Examples of Letter of administration

• An example of a Letter of Administration is a document issued by a court or inheritance register to appoint an administrator for the estate of a deceased person. The administrator is responsible for gathering and distributing the assets of the deceased according to the will, if one exists, or according to the laws of intestacy if there is no will.
• Another example of a Letter of Administration is a document issued by a court or inheritance register to appoint an executor for the estate of a deceased person. The executor is responsible for managing the estate of the deceased, including the payment of any debts, and the distribution of any remaining assets to the beneficiaries according to the terms of the will.
• A third example of a Letter of Administration is a document issued by a court or inheritance register to appoint an administrator to manage the affairs of a minor or incapacitated person. The administrator is responsible for managing any assets, paying any debts, and making decisions on behalf of the minor or incapacitated person.

Advantages of Letter of administration

Letters of administration are an important legal document granting the appointed administrator the authority to act on behalf of the deceased. The advantages of letters of administration include:

• An administrator can take control of the estate and distribute it according to the law, ensuring that the deceased's wishes are followed.
• An administrator can settle any outstanding financial debts or liabilities, reducing the burden on the beneficiaries.
• An administrator can assist the beneficiaries in understanding their rights, obligations, and entitlements under the will and the law.
• An administrator can also provide advice, support, and guidance to the beneficiaries throughout the process of settling the estate.
• An administrator can represent the estate in any legal proceedings or disputes that may arise.
• An administrator can help to ensure that the estate is distributed quickly and efficiently, reducing the overall time and cost associated with the estate administration.

Limitations of Letter of administration

The limitations of letters of administration include:

• An administrator cannot sell real estate without the approval of the court.
• An administrator cannot make gifts from the estate, unless previously authorized by the court.
• An administrator must keep detailed records of the estate's financial transactions.
• An administrator must pay all of the deceased person's debts before distributing assets to the heirs.
• An administrator must distribute assets according to the deceased person's will, or in accordance with the rules of intestacy if there is no will.
• An administrator must obtain court approval before making investments with estate assets.
• An administrator is liable for any losses or mismanagement of the estate.
• An administrator must pay taxes on the estate's income.
• An administrator must obtain court approval before terminating or transferring any contracts or leases entered into by the deceased.

Other approaches related to Letter of administration

The Letters of Administration serve as a legal document that grants the right to manage the estate of a deceased person. There are other approaches in which the Letters of Administration can be used. These include:

• Determining the legal heirs of the deceased person. The Letters of Administration can be used to determine the legal heirs of the deceased person and distribute the estate accordingly. This can include family members, friends, or other individuals who may have a claim to the estate.
• Settling debts of the deceased. The Letters of Administration can be used to settle the debts of the deceased, such as credit cards, mortgages, and other debts. This is an important step in ensuring that the estate is distributed according to the wishes of the deceased.
• Appointing an executor. The Letters of Administration can also be used to appoint an executor to manage the estate. The executor is responsible for ensuring that the assets of the estate are distributed according to the wishes of the deceased.

In summary, the Letters of Administration can be used for a variety of purposes, including determining the legal heirs, settling debts, and appointing an executor. These are important steps in ensuring that the estate is managed according to the wishes of the deceased.

References

• 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