Succession of Administration If Executor of Will Dies?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
I understand that if an executor of a will dies after assuming executor duties then their executor assumes their duties. If an executor dies after assuming executor duties and is intestate, does their estate administrator assume the executor duties or would a new administrator be appointed to the original estate?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,241
748
2,894
Sydney
  • Like
Reactions: winston wolf

DBCNEIH

Member
24 June 2018
2
0
1
Hello Tim,

What happens when an administrator passes away with a will (deceased estate 2), but they were in the process of administering a deceased estate that was intestate before they died (deceased estate 1)?
Does the executor of the recently deceased administrator need to apply for a new LOA grant to administer deceased estate 1?

Example:
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!