It varies between States, but in Victoria:. Since there is no Will the next-of-kin in the same order can't apply for probate - they apply a certificate called "Letters of Administration" instead. A Letters of Administration certificate means much the same as a Probate certificate, and the application process is also the same.
You use it the same way to authorise the release of assets to you. Assets go to the next-of-kin according to a formula set by legislation. The Public Guardian and Trustee — as Official Administrator for the province of BC — might also apply to administer the estate, if no one else is willing to do it.
Also, the person who applies may have to get the agreement of other people who could be appointed administrator. And the person may have to secure deposit money with the court called a bond , to ensure they do the work honestly and competently. The Public Guardian and Trustee of British Columbia is a government office that may agree to administer an estate when someone dies without a will. Tip Every adult who owns assets or has a spouse or young children should have a will.
The court may need to appoint someone to look after any children. Tip By preparing a will, a person can create a trust for any gifts left to minor children or others who might be under 19 when the will-maker dies. The court will appoint someone to deal with the estate. There are certain people who can apply to administer the estate. The duties of an administrator.
If the law of intestacy in Victoria would be followed, then after paying off debt, the remaining property would then be given to the son. If you want to confirm, it would be a good idea to speak to a lawyer. This would also give you an idea of how to go about your situation. I hope this helps. Optional, only if you want us to follow up with you. Our goal is to create the best possible product, and your thoughts, ideas and suggestions play a major role in helping us identify opportunities to improve.
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Estate Planning. What happens if you die without a will in Victoria? If you die without a will in Victoria and don't have a partner who you live with, any children you have will be next in line to inherit. Otherwise your assets go to the State of Victoria. Gary Hunter. Updated Oct 25, Events Enhance your professional experience and networks by attending the various events organised by the Law Institute of Victoria. Law Institute of Victoria Awards Nominate your peers for the Law Institute of Victoria Awards, explore past awards recipients and celebrate excellence of lawyers in your community.
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