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??
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??
ADMINISTRATION AND PROBATE ACT 1958 - SECT 21
Executor not to act while administration is in force:
Where administration has been granted in respect of any real or personal estate or real and personal estate of a deceased person no person shall have power to bring any proceeding or otherwise act as executor of the deceased person in respect of the estate comprised in or affected by the grant until the grant has been recalled or revoked.