Letters of Administration without a Will
In this case, the administrators will usually be relatives of the deceased that are entitled to the estate in accordance with the laws of intestacy.
Queensland is governed by sections 35 – 37 of the Succession Act 1981 (QLD), and New South Wales by Chapter 4 of the Succession Act 2006 (NSW), which sets out the order of people who inherit the estate of the deceased where there is no Will. For example, if the deceased is married and has children, if he or she dies, the whole of his or her estate will pass to the surviving spouse. If there is no spouse, then the next in line to inherit will be the children of the deceased. If the deceased has no spouse or children, then normally the next in line to inherit would be the parents of the deceased.
There are different rules that apply to people who have de facto spouses, stepchildren and other differing circumstances, but basically, this is the order of inheritance in the event that people do not have a Will when they die.
There are various issues which flow from not having a Will, which can severely impact upon your family or relatives. This is why it is very important that everyone has a Will prepared before they die, rather than just leaving it to the rules of intestacy.