Probate and Administration

An executor cannot begin to administer or distribute the estate of a deceased person until probate has been granted to him or her.

Similarly, if there is no Will the person entitled to the major share of the estate cannot begin to administer or distribute the estate until a grant of Letter of Administration in his or her favour.

However if there is a dispute and the dispute is going to take many months to be resolved sometimes a limited or interim grant of administration is required to enable someone to carry out some of the most urgent duties to ensure the estate is not wasted whilst litigation is in progress.

If the opposing parties cannot agree on an interim administrator the court will decide and in many cases appoint the State Trustee.