Obtaining Letters of Administration

1. Obtaining Letters of Administration

2. Preliminary Steps • If the deceased did not leave a will, an application for grant of letters of administration can be made. Certain enquiries should always be made. These include: • A request to the District Law Society- if Society sends out will enquiries - to ask members to search records for a possible will. • Enquiries for a will should be made to the head office of the Public Trustee, Wellington • Enquiries to deceased’s bankers, accountants, family and any solicitor known to have acted for the deceased.

3. Documents to be Filed • To apply for the grant the following documents should be filed in the High Court: • Application without notice for letters of administration, and • Affidavit to support grant of letters of administration.

4. Application without Notice for Letters of Administration • This is very similar to the form used when applying for probate. • The connection of the applicant to the deceased must be stated. Usually this will be a surviving spouse or the sole or next of kin. • If the next of kin refuse to act then this needs to be added to the application.

5. Affidavit to lead grant of letters of administration • Make show the titles follow the application. • The rules for proving death are the same as for probate. • The relationship between the applicant and the deceased must be shown. If someone has an equal or closer relationship the reasons why they are not applying should be included.

6. The affidavit must state that the applicant believes that the applicant died intestate • The affidavit must state the value of the estate. The figure to be included is the maximum gross value as the affidavit swears that the value of the estate is under $xx. • The administrator must swear to well and faithfully administer the estate and so on.

7. Once the High Court notifies you that the grant of administration has been made, the following documents must be filed in the High Court: • Letters of Administration • Copy of Letters of Administration

8. Letters of Administration • Intituling should be exactly the same as the motion for letters of administration • The administrator should be identified by his/her relationship to the deceased

9. Copy Letters of Administration • An exact copy, in original typing, of the letters of administration must be produced. • A Certificate of administration under sec 18 of the Administration Act 1969 may also be sealed.

10. Letters of Administration with will annexed • Used where there is a defect in the validity of the will. • A slightly different order of priority for applicants (see next slide). • The process and documents are very similar to ordinary letters of administration.

11. Order of priority • Executor named in will • Residuary legatees or devisees in trust. • Residuary legatees or devisees for life. • Ultimate residuary legatees or devisees • Any specific legatee or devisee (or their personal representative). • Legatees, devisees or creditors. • Contingent residuary legatees or devisees or persons having no interest in the estate who would have been granted administration had the deceased died intestate.