12 November 2021
Intestacy - Grant application by de facto partner
Can someone apply for letters of administration for their deceased de facto partner?
If so, do they need to provide proof of the length of the relationship for the purposes of the grant of letters of administration?
Thank you for the question.
For an application for letters of administration on intestacy, the answer is yes to both questions.
The By Lawyers 101 Succession Answers (VIC) provides the following regarding administrators:
In the case of an intestate estate, the persons entitled to a grant of letters of administration are not specifically referred to in the Administration and Probate Act 1958, although the supporting affidavit required by r 4.04(2) of the Supreme Court (Administration and Probate) Rules 2014 must include details of the applicant’s right to administration and details of every person entitled to administer the estate in priority to the applicant. Generally, the person applying, and to whom administration will usually be granted, will be the person entitled to a greater share of the estate on intestacy, such as a spouse ...
Rule 4.04(2)(b)(vi) provides that the affidavit needs to include the facts and circumstances relied upon to establish the existence of the relationship, whether registered or unregistered.
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