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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  24 years experience. Admitted in New South Wales and the UK.
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I am in the process of obtaining Letters of Administration

Customer Question

I am in the process of obtaining Letters of Administration here in London so that I can claim the flat left to me in my husband's Australian Will. Once I have the documents where do I go to claim the flat and have it put into my name? Should I expect many complications? I actually live in Australia and am returning there in early October.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Is the flat in the UK or Australia?
Did he have any assets in Australia and did you get Probate in Australia?
Customer: replied 2 years ago.
The flat is in London and that is why I am over here so I should probably be talking to a UK Lawyer about this. No, we didn't have Probate in Australia as my husband's only asset was his half share in our family home which was as joint tenants. When I get home I will have the house there put into my sole name but didn't have time before I left.
Expert:  Leon replied 2 years ago.
Good Morning Robina
Are you the Executor of the Will?
If you are then you have to apply for a grant of representation in the UK.
If he had assets in Australia, then you could get it probated here and then in the UK you just need a re-seal.
You should see a Solicitor in the UK and they will prepare the court documents to obtain grant of representation in the UK
If you are not the executor, then you have to get the executor to apply. If they do not want to, then you need to have them sign a renunciation of their executorial position.
The Solicitor that prepares the documents will do all this.
Here is some information about this for you.
I hope this makes sense and is of assistance.
Customer: replied 2 years ago.
I am the executor of my husband's will as the Public Trustee relinquished trusteeship because the estate in Australia was so small - his share of the house and only a few thousand dollars in his separate bank account. I have followed all the necessary steps here to get what I thought was Letters of Administration but perhaps it is called Grant of Representation as you said. Once the Probate Court here has the necessary affidavits from Australia it should be a relatively straitforward case. I just want to know where I go with the Grant to have the flat put into my name. I will only have it in name only as my stepfather (who signed it over to my husband several years ago) still lives here and pays all the outgoings. I do not have any financial benefit from the flat but need to put it into my name as my husband is now dead and I am his sole beneficiary.
Expert:  Leon replied 2 years ago.
Good Morning
If you are not the Executor then you need Letters of administration with the will attached.
In the Uk it has a different name.
The public trustee in Australia will have to signs document prepared in the UK and send it back to you to show the court in the UK that they are relinquishing their right to be executor.
Yes once it has the paperwork they will grant the Letters of administration and you then us that to become the owner of the property in the UK and you can then do what you want with it.
If the property is in your late husbands name the the will allows it to go to you.
But you should have a solicitor in the UK assist you with the paperwork to file in court to get the Letters of administration.
I hope this is of assistance.
Expert:  Leon replied 2 years ago.
Good Evening Robina
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 years ago.
Leon, it seems we are talking at cross purposes. Firstly, I already told you that I am the executor of the will and that the Public Trustee and Guardian in Australia relinquished trusteeship. The forms I filled in here all took that into account and they have the letter relinquishing trusteeship. No problem there. All the Probate Court requires from me now are two sworn affidavits from Australia to swear that I am the beneficiary. This has already been arranged and the solicitor at the Public Trustee office in Sydney has my letter of request plus the letter from the Probate Court asking for these affidavits. I have been led to believe that as soon as they are received, I should be provided with the Letters of Administration. My original question was: where do I go with these Letters of Administration, once I have them, in order to claim ownership of the London flat? I think a UK lawyer should have answered because, no reflection on your ability as a lawyer but, as you are in NSW, you might not know where I have to actually go in London in order to do this.
Expert:  Leon replied 2 years ago.
Good Morning

The application to appoint you as Administrator is filed in the Supreme Court in NSW. This is if there are assets in NSW.

Once you are granted letters if Administration in NSW you then have to have that resealed in the UK with the Court in the UK.

If there are not assets in NSW then you have to apply in the UK, the NSW court will not grant you anything.

I hope this makes sense and clears it up.