These affidavits are to be filed in support of an application for letters of administration by: a person who is not entitled by law to share in the estate, or a person who is not a beneficiary under a will.
The “Letters of administration (no will) – affidavit of nomination and consent” is to be completed and sworn/affirmed by:
- person(s) entitled by law to share in the estate of the deceased
- in support of an application for letters of administration (no will)
- made by person(s) who are not entitled by law to share in the estate.
The “Letters of administration (will annexed) – affidavit of nomination and consent” is to be completed and sworn/affirmed by:
- person(s) who are beneficiaries under the will
- in support of an application for letters of administration (will annexed)
- made by person(s) who are not beneficiaries under the will.
In any such affidavit, details must be provided of the special circumstances which exist that would allow the Court to appoint the person(s) who have made the application to be appointed as the administrator of the deceased’s estate.
Generally, when an application is made pursuant to a nomination and consent a surety guarantee is required to be filed. However, this requirement may be waived if consent to dispensation of surety is filed.
These forms are provided for information purposes only and do not constitute legal advice. If you require any further information you are encouraged to obtain legal advice.