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PA16 form causing uncertainty in NSW letters of administration reseal
bgy3jlh
Posts: 79 Forumite
This is a long shot, but here goes.
According to the laws of intestacy, my mum would be the administrator of my dad's estate. But I have done all of the work on the estate (if you interviewed my mum or siblings about my dad's estate they wouldn't have a clue) so I thought that it might be a good idea for mum to relinquish administration to me. We did this via a PA16 form and the UK solicitor was happy to support it.
However, while seeking quotes from New South Wales solicitors for a reseal because my dad had shares in a company based there, one company has advised that 'Australian courts are unlikely to reseal the UK Grant, as a child is not entitled to apply in Australia if a spouse is entitled. This means a new application for Letters of Administration must be made in Australia.'
Most other solicitors didn't raise any query about me being the administrator and my mum being the beneficiary, but I raised the query with a second law firm, who said ' there is no direct equivalent form in NSW, so I cannot guarantee the reseal will be issued here, although I would be surprised if it wasn’t issued.' But he did say that the worst case scenario would be the reseal application failing, and then having to apply for letters of administration. Both of the 2 law firms I mention have a five-star rating on Google, collected from hundreds of clients.
Here are the potentially relevant NSW laws:
Obviously I now have the choice of taking the risk with a reseal, or going straight on to the lengthier and much more expensive route of applying for NSW letters of administration instead. The problem is that it seems as though it's not possible to ask the supreme court directly whether an application would be successful, but to go through the process, spend the money, and then wait and see. Can anyone help me decide what's best / which solicitor to listen to, e.g. because they've been in a similar position?
According to the laws of intestacy, my mum would be the administrator of my dad's estate. But I have done all of the work on the estate (if you interviewed my mum or siblings about my dad's estate they wouldn't have a clue) so I thought that it might be a good idea for mum to relinquish administration to me. We did this via a PA16 form and the UK solicitor was happy to support it.
However, while seeking quotes from New South Wales solicitors for a reseal because my dad had shares in a company based there, one company has advised that 'Australian courts are unlikely to reseal the UK Grant, as a child is not entitled to apply in Australia if a spouse is entitled. This means a new application for Letters of Administration must be made in Australia.'
Most other solicitors didn't raise any query about me being the administrator and my mum being the beneficiary, but I raised the query with a second law firm, who said ' there is no direct equivalent form in NSW, so I cannot guarantee the reseal will be issued here, although I would be surprised if it wasn’t issued.' But he did say that the worst case scenario would be the reseal application failing, and then having to apply for letters of administration. Both of the 2 law firms I mention have a five-star rating on Google, collected from hundreds of clients.
Here are the potentially relevant NSW laws:
https://classic.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s107.html
https://classic.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s63.html.
https://classic.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s63.html.
Obviously I now have the choice of taking the risk with a reseal, or going straight on to the lengthier and much more expensive route of applying for NSW letters of administration instead. The problem is that it seems as though it's not possible to ask the supreme court directly whether an application would be successful, but to go through the process, spend the money, and then wait and see. Can anyone help me decide what's best / which solicitor to listen to, e.g. because they've been in a similar position?
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