What if there is no Will?

When a person dies without a will, the law applies the order of Intestacy to determine who are the beneficiaries of the estate. We can give you advice about these laws if necessary.

As there is no will there will be no executor. In such situations, the major beneficiary (or one of them with the consent of the others) can apply to the Probate Division of the Supreme Court for Letters of Administration. This is similar to a Grant of Probate but must be supported by more evidence as to who is entitled to the estate.

If you are the appropriate person to apply for Letters of Administration, we can prepare the application and advise on the supporting material required. Once granted, the Letters of Administration make you a personal representative of the deceased and you then proceed in much the same way as an executor.