I'm writing on behalf of my sister-in-law in Sydney. Her 93 y.o. mother has Alzheimers. Mum had her will made up many years ago and appointed her brother as Executor. Last year her brother passed away. Sister and her brother have joint Power of Attorney but no one has done anything about appointing a new Executor. What happens if mum passes without an Executor appointed?
NSW A will without an Executor
- Thread starter Loren Fisher
- Start date
Someone will need to make application to the Supreme Court for what is called 'Letters of Administration'. This is an order by the Court as to who will administer the estate. This should be done within 6 months of date of death. Have a look here: Applying for letters of administration
It's essentially the same process as if the person had died without a will, but will need to be tailored to explain why the person named in the will cannot administer the estate.
It's essentially the same process as if the person had died without a will, but will need to be tailored to explain why the person named in the will cannot administer the estate.
Thanks for that. Perhaps I wasn't as clear as I could have been. Mum is still alive. I am trying to convince my sister-in-law that she should do something NOW before mum goes. Sis is having enough trouble coping with caring for mum and tends to "bury her head in the sand" when it comes to this sort of thing. Can someone please post advice that I can show her to indicate what sort of hassles she will come up against if she doesn't do SOMETHING now. I really appreciate your advice.
The first step would be to establish whether her mother has testamentary capacity. If she is suffering Alzheimer’s then it is definitely possible that she does not. While you could make an application to the court to get the existing will amended, it’s probably simpler just to apply for the letters of administration in due course.
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