(i) No executor to act
(ii) Renouncing executors
(iii) Executors unwilling to act but has not renounced
(iv) Qualifications in the Notice of Intended Application
Your application will be considered by a registrar. The registry aims to process applications within 5 business days of filing. Current processing delays are published on the Supreme Court website. Complex applications may take additional time to be considered. Complex matters include (but are not limited to) matters involving informal wills, copies of wills, presumption of death, limited purpose grants, or administration applications not being made by the next of kin.
If further information is required before the grant can issue the Registrar will write or email detailing further steps required.
The grant of Letters of Administration with the Will Annexed will be posted back to you in the envelope provided.
If some of the beneficiaries are minors or if a beneficiary refuses to provide a consent to your application, or if you are unable to obtain their consent (for instance if they are overseas and cannot be located), then you may be required to provide an Administration Bond to cover the share of the estate that those persons are entitled to. An Administration Bond is not normally required to cover the share of an adult if they have been served with notice of the application.
An Administration Bond is a document that promises to pay the relevant amount in the event that the estate is fraudulently or negligently administered and creditors or beneficiaries miss out on their proper share of the estate.
The form of an Administration Bond is UCPR form 130 which can be downloaded from http://www.ucprforms.justice.nsw.gov.au/. Normally the Administration Bond should be provided by two persons, other than the applicant(s). These persons are called sureties. The sureties should have sufficient assets so that they would be able to pay the relevant amount as specified in the bond if called upon to do so. The sureties may be required to provide an affidavit setting out what money and other assets they own which they could call upon and realise if they were required to pay the amount secured by the bond.
You may apply to have the requirement to provide an Administration Bond dispensed with, or to reduce the requirement so that the Bond is provided by only one surety or that the Bond is only provided by the applicant(s) themselves. Whether the Registrar considering your application will dispense or reduce the requirement for an Administration Bond will depend on the circumstances of each case. Relevant considerations will be the overall size of the estate and the value of the estate that may need to be the subject of a Bond, and the family and financial circumstances of the applicant(s), and their relationship to the persons entitled. If you are applying to have an Administration Bond dispensed with (or the relevant requirements reduced) you will need to provide appropriate evidence.
The precedent forms are currently being updated and are unavailable at this time.
Practitioners are advised that they should use this checklist to ensure their application is in order prior to filing.