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QLD Multiple Grants of Letters of Administration QLD & VIC

Discussion in 'Wills and Estate Planning Law Forum' started by Philalethist, 10 December 2014.

  1. Philalethist

    Philalethist Member

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    I am the girlfriend of Father of deceased Estate.
    Here are the facts:
    Deceased Son living alone in Northern Territory without spouse or issue.
    Mother estranged for 18 Years lives in Victoria.
    Father lives in Queensland and had close relationship with son. Father has paid for everything, including Funeral, storage, etc.
    Mother, without notice to father applied for Grant of Letters of Administration in Victoria. This was granted despite many errors in application. Mother made this application listing that the property in Victoria was an architects drawing board which the deceased left there when he was a child, with no intent to return and collect it.
    Father applied for Letters of Administration in Queensland (Which required advertising in the deceased State of residence). This was granted.
    Applications were made to superannuation company by both parties. The Superannuation company has decided that it can not make a decision and for the matter to be dealt with between the two law firms.
    How can we get around this without having their grant revoked?
    During my own research I found this text in Victorian Probate Law. Does this mean that the mother can't act for the Estate??

     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Philalethist,

    Every state has its own rules regarding wills and probate. So it is possible to have two letters of administration granted in different states.

    Did the deceased leave a will? I'm assuming, given that letters of administration were granted, that the deceased had no will. If there was a will left and it was validly executed, the named executor will be entitled to administer the estate and not the parents. In this case, the correct grant is the grant of probate. Upon applying for this, the others should be revoked.

    If the deceased did not leave a will, then depending on where the assets are located, you will need to look at that state's legislation to ascertain who is entitled to the letters of administration. Most states should have legislation that outlines the priority order for who is entitled to be the representative and hence, entitled to the grant. As you are the partner of the deceased, in most jurisdictions, you have first priority (spouse or partner), then children, then the parents.

    Further, it may not matter who is the representative as the legislation also outlines a priority list for who is entitled to the deceased's estate. Again, you will need to check the legislation in each state where the assets are located.

    As this is not a straight forward distribution of estate, I suggest speaking with a lawyer specialised in wills and probate.
     
  3. Philalethist

    Philalethist Member

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    As I said, I am the step mother of the deceased. We had a close relationship from the time the deceased was a child up until his death (aged 29 Years)

    The deceased did not leave a Will, which is why Letters of Administration were granted.

    Further, to your comment that it may not matter who is representative, if the funds from the superannuation were to be placed into the Victorian lawyers trust account the estate would be split as so;
    1/2 - Mother in Vic
    1/2 - Father in Qld

    However, if the funds were to come to Qld then they would be split this way;
    1/3 - Mother in Vic
    1/3 - Father in Qld
    1/3 - Step mother in Qld

    Therefore, if the legislation I quoted earlier is defined as I think it is, the mother would not be allowed to act for the time being until the grant is revoked.
     
  4. Sarah J

    Sarah J Well-Known Member

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    1. As far as I know, superannuation funds have discretion as to who to distribute the funds to. Sometimes, the deceased themselves nominate on a form before they die who they want to benefit upon their death.

    2. As to which state's law to applies, this is a conflict of laws situation and would depend on many factors, none of which is conclusive in itself. If referred to court, they will look at: where the assets are, in which state the fund was applied in (similar to a bank branch), where the deceased died, which letters of administration was taken out first etc. As to which factor the court will place more emphasis on, I cannot say because it is a unique situation that requires case law and statutory research. I suggest speaking with a lawyer about this.
     
    winston wolf likes this.

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