VIC Intestate Deceased Estate - Chain of Representation

Discussion in 'Wills and Estate Planning Law Forum' started by DBCNEIH, 25 June 2018.


    DBCNEIH Member

    24 June 2018
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    I'd really appreciate it if someone could point me in the right direction to find any reference material covering these issues below. I need to know:

    What happens when an administrator passes away with a will, but they were in the process of administering a deceased estate that was intestate before they died?
    Does the executor of the recently deceased administrator need to apply for a new Letters Of Administration (LOA) grant to administer the second estate?

    Jenny is the administrator for her sister Paula's intestate deceased estate.
    Jenny passes away 12 months after the LOA is granted and Paula's estate has not yet been distributed.
    Jenny has a will, naming her daughter Amy as executor.
    Amy takes probate for Jenny's estate.

    Does Amy need to apply for a new grant of LOA to administer Paula's estate?
    Or as the trustee for Jenny, does she automatically become the trustee and the legal personal representative for Paula's estate and thereby entitled to distribute Paula's estate assets on this basis?

    What is the difference in duties, responsibilities and powers, between an administrator of a deceased estate, a trustee of a deceased estate and a legal personal representative of the deceased?

    This is all in Victoria.

    Thanks for your reply!

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