WA Letter of Administration - Can We Speed Up the Process?

[JDF]

2 years ago, my mother passed away without leaving a will. My eldest sister applied to the courts and was given Letters of Administration for the estate. To this day, nothing has been done with the estate and none of the beneficiaries have been advised as to what is happening.

Is there a time frame that this matter must be dealt with?

Is there anything we can do to hurry the process?

 

[Lance]

This is an interesting question. I couldn't find anything in legislation that mandates a time frame fro an executor to complete their duties, however the WA Legal aid website has a page that details duties of executors and it says the rule of thumb is that 12 months is considered a reasonable time to complete their duties.

It also says that if a beneficiary is unhappy with the time an Administrator is taking the beneficiary can lodge a complaint with the Supreme court. In saying that, I'm sure the passing of your Mother has been hard for everyone involved and it would be particularly hard for someone trying to administer their estate.

You could try talking to your sister in the first instance and if that fails you will need to determine how to proceed. Legal Aids information sheet on duties of executors is here: Duties of executors

 

[JDF]

Hi Lance, Thanks for the reply.

Unfortunately there was a breakdown in family communication long before my mother died due to the fact that i had been court appointed as her guardian and administrator because she had dementia and my eldest sister was unhappy that the youngest of 5 had been appointed.

After my mothers death, she petitioned the court on the grounds that she was the eldest child and therefore should be given letters of administration. Unfortunately now that she has control, she refuses to speak to other family members.

I was hoping not to have to lodge a complaint with the courts but i think it may be the only way to go.