These documents may be used where a person who is not entitled to receive part of a deceased estate wants to be appointed administrator of the estate with the support of the people who would normally be entitled to apply.
Use these documents where:
- a person entitled to receive part of the deceased's estate wishes to support the appointment of another person as administrator; or
- a person who is not entitled to receive part of the deceased's estate seeks to be appointed administrator.
A person who is entitled to receive part of the deceased's estate will usually be able to apply to administer the estate before a person who is not entitled to receive part of the estate.
If a person who would normally be able to apply wants someone else to administer the estate instead, the Court will usually require evidence explaining:
- why the person entitled to apply is not applying; and
- why the proposed administrator should be appointed instead.
The Court will usually require an Affidavit of Nomination and Consent from every person who would normally be entitled to apply before a grant will be made to a nominee.
This affidavit should be completed by a person who is entitled to receive part of the deceased's estate and supports another person being appointed administrator instead.
The affidavit asks for information about:
- why the person would ordinarily be entitled to apply for administration;
- why they do not wish to apply themselves; and
- why they support the appointment of the proposed administrator.
A separate affidavit should usually be completed by each person who would ordinarily be entitled to apply for administration and who supports the appointment of the proposed administrator.
This affidavit should be completed by a person seeking to be appointed administrator.
The affidavit allows the proposed administrator to provide information about their experience, responsibilities and personal circumstances relevant to administering the estate.
This affidavit should be completed by a person who knows the proposed administrator well and can provide information about their suitability to administer the estate.
The affidavit should be based on things the person personally saw, heard or experienced.
Because the proposed administrator is not entitled to receive part of the deceased's estate, the Court will usually require a surety guarantee before a grant is made.
A surety guarantee is a promise by another person to protect the estate and its beneficiaries if the proposed administrator does not properly carry out their duties.
If loss is caused to the estate because of something the proposed administrator does or fails to do, the person providing the surety guarantee may be required to compensate the estate.
The Court may agree not to require a surety guarantee if all beneficiaries consent.
The following documents may be required.
Surety Guarantee
This document should be completed by a person who agrees to act as surety for the proposed administrator.
Affidavit of Justification for Surety Guarantee
This affidavit supports the surety guarantee and should be completed by the person providing the surety guarantee.
The affidavit asks for information about the person's financial circumstances and ability to meet the obligations of the surety guarantee.
Consent to Dispensation of Surety
This document may be used where all beneficiaries agree that a surety guarantee should not be required.
Affidavit Verifying Consent to Dispensation of Surety
This affidavit supports the request not to require a surety guarantee.
The affidavit should be completed by the person who witnessed the consent.
If there is a will
The application will be for letters of administration (with will annexed).
When preparing the application in RedCrest-Probate:
Plaintiff(s) Details tab
Select as the reason the plaintiff can apply:
Nominee of a beneficiary of the will
Advertise tab
Add the following further information:
This application is made by the plaintiff in their capacity as the nominee of [name of beneficiary] a beneficiary named in the will.
If there is no will
The application will be for letters of administration (no will).
When preparing the application in RedCrest-Probate:
Relationship Details tab
Select as the reason the plaintiff can apply:
Nominee of the closest living relative entitled to share in the estate
Advertise tab
Add the following further information:
This application is made by the plaintiff in their capacity as the nominee of [name of beneficiary], the [relationship] of the deceased and one of the people entitled to share in the estate.
Important information
These documents are provided for information only and do not constitute legal advice.
The Probate Office can provide these documents but cannot advise you what information you should provide or assist you to complete them.
If you need assistance, you should obtain legal advice.