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VIC Intestate help without Letters of Admin

Discussion in 'Wills and Estate Planning Law Forum' started by springbok, 10 September 2017.

  1. springbok

    springbok Active Member

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    Hi,
    I am hoping someone might be able to advise me what to do next.
    My father died 3 months ago without a will. My two brothers and I are his only beneficiaries and we have been acting as executors getting everything paid and finalised including funeral, super, tax etc.
    So far we have had no trouble with any of this, but I just receieved a cheque from dad's former employer made out to "Estate of late". We were advised initially that we wouldn't need to apply for Letters of Administration as dad had no assets and therefore everything is quite straightforward.
    However I went to the bank with Death Certificate and the cheque after being told I would need to open an estate if late account. The bank told me that I can't without a will.
    Clearly, I dont have one!! What can I do now? The cheque is for approx $20k, and I anticipate there may be another issued from the tax returns I lodge. Is there any way to legally show the bank that us 3 children are both executors and only beneficiaries?
    Any help would be VERY appreciated!! Thank you!!
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    Hi springbok

    My father died intestate and similarly to you, my sibling and I were able to pay for his funeral, final nursing home account, pharmacy, small tax debt etc etc from his account. Then we received a cheque for around $10,000 from a life insurance policy he had, made out to the 'Estate of the late....'. Neither of his two bank accounts would agree to bank it. I ended up speaking to a solicitor and he arranged to draw up a deed of release and indemnity for us to sign. The solicitor was able to bank the cheque, keep his fee from it ($500) and release the balance to myself and my sibling.

    Hope that helps you.
     
  3. springbok

    springbok Active Member

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    Thank you so much!! That is a HUGE help!
     
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