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The children of the deceased or grandchildren of the deceased. Parents of the deceased. Brothers and sisters who share the same parents with the deceased and their children. Brothers and sisters who share only one parent with the deceased.
In Australia, the term Next of Kin means a persons spouse, domestic partner or closest living blood relative who is over 18 years of age. Whilst there is no formal legal recognition or legal rights of Next of Kin, they play a very important role if a person dies without a valid Will.
If there is a valid will, you can apply for letters of administration if: the person who died left all of their estate to you in the will, and. the executors are not named, or cannot or are unwilling to act.
Who can petition for Letters of Administration? Any person of the age of twenty one years or above who is also of sound mind and is related to the deceased either by blood or by marriage.
(3) A trust corporation may apply for administration otherwise than as a beneficiary or the attorney of some person, and on any such application there shall be lodged the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased save that the registrar may
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You can apply for the legal right to manage the estate of someone who has died and did not leave a will. Youll receive letters of administration to prove your legal right to manage their estate.
After the lapse of six months from the date of issue of the letters of administration, the holder of the said Letters of Administration can petition the court for confirmation of grant of letters of administration.
(2) Upon the application the High Court may grant letters of administration to the Administrator General accordingly.
Normally, one or more of the executors named in the will applies for the grant of probate. Otherwise (if the person died without a will or the will did not appoint executors) a beneficiary or relative can be the administrator and can apply for letters of administration.
Letters of administration are issued when the deceased person has not made a will, or the will they have made is not valid. In most instances the grant is made to the closest surviving next of kin of the deceased (e.g.. a spouse or a child of the deceased) .

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