8th September, 2025
When someone passes away, their estate needs to be managed and distributed. This is usually done by an executor named in their Will. However, when no executor is available or able to act, the law provides another option.
In New South Wales (NSW), there are two types of Letters of Administration. The first applies when there is no valid Will -this is called Letters of Administration. The second applies when there is a valid Will, but the executor is unable or unwilling to act. This is known as Letters of Administration with the Will Annexed.
In this blog, we’ll be focusing on the second type – a scenario many people sometimes don’t expect, especially when a Will is in place.
What Does Letters of Administration with the Will Annexed Mean?
This is a legal document granted by the Supreme Court of NSW. It allows someone who is not the named executor to administer the deceased’s estate. Even though there is a valid Will, the executor may have died, declined the role, or be legally unable to act.
Instead of the executor, the Court appoints another person – usually a beneficiary under the Will. That person becomes the administrator, but the estate is still distributed according to the instructions in the Will.
When Might This Be Needed?
There are several common reasons why this grant is necessary. The executor may have died either before or after the person who made the Will. In some cases, they may renounce their role because they feel overwhelmed. Others may lack capacity due to illness or injury. Sometimes, the executor cannot be found, or the Will simply does not name one.
In any of these situations, someone else needs legal authority to manage the estate.
Who Can Apply for the Grant?
Usually, the Court prefers to appoint a beneficiary named in the Will. If there is more than one eligible person, the Court may decide who is most appropriate. The person applying must file the correct documents and explain why they should be appointed.
Other beneficiaries who are entitled to act must either agree in writing or renounce their right to apply. These consents are usually provided through affidavits or signed renunciations.
What Does the Process Involve?
Applying for Letters of Administration with the Will Annexed involves several legal steps. You must provide the original Will, a copy of the death certificate, and an affidavit. This affidavit must explain why the executor is not acting.
You may also need to submit consents from other beneficiaries and a full inventory of the estate. The application is then filed with the Supreme Court. The Court will review the documents and decide whether to grant the application.
How Long Does It Take?
In NSW, the process usually takes 4 to 8 weeks from the date the application is filed with the Supreme Court—similar to a standard Probate application. However, it may take longer if the Court requires additional information. Delays can also occur if the application is incomplete or if there is a dispute among the beneficiaries.
Why Legal Advice Matters
Many people assume that having a Will avoids all complications. Unfortunately, if the executor is unable or unwilling to act, the process becomes more complex. This is why it’s essential to seek legal advice as early as possible.
A lawyer can guide you through the documentation, ensure compliance with court rules, and help avoid costly delays.
How We Can Help
At Castrikum Adams Legal, we support families across NSW with all aspects of estate planning and administration. Whether you need help applying for Probate or Letters of Administration, our experienced team is here to make the process easier and clearer.
We’ll help you navigate the legal system, reduce stress, and make sure your loved one’s wishes are respected.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.