What is a Grant of Representation?

A Grant of Representation is a document issued by the Supreme Court of Victoria which enables those named as Executors or Administrators to deal with the assets of the deceased. The Grant provides official proof that the person named in the deceased’s Will is entitled to handle the estate of the deceased.

Here are some types of Grants of Representation that may be issued by the Court:

1.Probate- Probate is granted where the deceased's last Will is proved by one or more Executors named in the Will;

2.Letters of Administration with the Will annexed– is granted where the deceased has left a valid Will but the named Executor cannot or will not apply for a Grant.

3.Letters of Administration– where a person dies without a valid Will the Court issues a Grant of Letters of Administration, usually to the next of kin of the deceased.

Estate Administration can be a long and drawn out task, depending on the circumstances, and it is essential that the right advice is sought from a skilled legal professional.

When is it required?

When a person dies in Victoria, it is necessary to make sure that his or her affairs are wound up as the deceased is unable to continue to hold property/assets in their name. All government payments should be cancelled and any employment should be terminated. If the deceased has superannuation, there may be a binding death nomination made with the superannuation company, you will need to check this.

It is the role of the Executor of the person's Will, if there is one, to deal with the deceased person's estate. This includes:

• ascertaining the assets of the deceased;

• paying any debts, funeral and other expenses; and

• making distributions to beneficiaries in accordance with the Will.

In order to carry out these duties a Grant of Representation may be required depending on the assets left by the deceased. If any assets were held jointly the surviving asset holder will receive that asset automatically and a Grant of Representation will usually not be required.

In some circumstances, a Grant of Representation is not required and an estate can be administered without it. This will depend on the size of the estate and the assets involved.

Please contact Wollerman Shacklock Lawyers on 9707 1155 if you require further advice in relation to Grants of Representation.