VIC Are Letters of Administration Required?

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springbok

Active Member
14 August 2017
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Hi,

My father recently passed away and we (my 2 brothers and I) are trying to settle everything ourselves. Dad's only asset was his car (worth $3k), and a bank account ($28k initially but we have paid funeral costs and rent and utility bills so now there is roughly $5k... My brother lived with him and took care of him over the past 6 years of illness so had his bankcard and pin to pay everything through the years).

He had no shares or property, no credit cards or loans, and only some household items like books and clothing so no real value. There is no will and no one to contest (no spouse either). We have applied for the super payout on advice from the super fund, they said we wouldn't need any letters of administration because he had no real assets.

Is that true? Sorry for such a long winded question! Any help would be fantastic.

Thank you!
 

Tim W

Lawyer
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28 April 2014
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Yeah, that's probably correct.
Am I correct in thinking that he didn't have a will?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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In which case, the estate will be managed according to the intestacy rules.
Which means, until one of you is given Letters of Administration,
the super fund won't deal with you.

This is not a scenario where you get "Just Spilt Up His Things And Move On"

You may find it helpful to have a read of this.
 

springbok

Active Member
14 August 2017
10
0
31
Hmmm. Thank you for your help.

The person I spoke to from the superannuation office (who sent the relevant claim forms to us) made me believe it was not a necessity. He even called to ask why we haven't returned the forms yet! I guess we'll have to find money somewhere for a lawyer (gulp!)
 

Arche

Well-Known Member
20 March 2015
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Hi Springbok

Superannuation does not always form part of an estate if the super fund is satisfied with the circumstances, for example, if there are nominated beneficiaries they will pay it to. I would be inclined to send in the forms and wait to see what the super fund does before taking it to a lawyer. Note though you don't necessarily need a lawyer to apply for letters of administration.