Consent to Administration

The document titled 'Consent to Administration' is a legal document that serves an important purpose in the process of granting letters of administration for the estate of a deceased person. This document is typically used in a court setting and contains various sections that provide detailed information.

 

The document begins with a section called 'Court Details' where the relevant court information is recorded. This includes the name of the court, the division, and the registry. Additionally, a case number is assigned to uniquely identify the proceedings.

 

The next section is titled 'Title of Proceedings' and it requires the input of the title of the proceedings and the late of the deceased person. This information helps in identifying the specific case and the individual whose estate is being administered.

 

Moving on, the 'Filing Details' section captures information related to the filing of the document. It requires the name of the legal representative who is filing the document, along with their reference. Contact details such as name, telephone number, and email address are also provided for communication purposes.

 

The most crucial part of the document is the 'Declaration of Consent by Affected Person' section. Here, the affected person, who is typically a beneficiary or a family member of the deceased, declares their consent to the granting of letters of administration. They confirm their eligibility by stating that they are over 18 years of age, not an undischarged bankrupt, and have not assigned or encumbered their interest in the estate of the deceased. The affected person also consents to the appointment of a specific person as the administrator and waives the requirement of an administration bond. Additionally, they acknowledge that they have read the affidavit of the applicant for administration and understand how the entitlement of the de facto spouse affects the distribution of the estate.

 

To validate the consent, the document requires the signature of the person giving consent and a witness. The 'Affidavit of Witness to Affected Person's Consent' section captures the details of the witness, including their name, address, and occupation. The witness then confirms that they were present when the affected person signed the document and verifies the authenticity of the signatures.

 

Finally, the document concludes with the 'Sworn/Affirmed at' section, where the witness provides their signature and certifies their knowledge of the deponent. This section ensures that the witness has seen the face of the deponent or has a valid reason for not seeing it. The witness also confirms their familiarity with the deponent for at least 12 months or verifies their identity using an identification document.

 

In summary, the 'Consent to Administration' document is a comprehensive legal instrument that facilitates the granting of letters of administration for the estate of a deceased person. It covers various aspects such as court details, title of proceedings, filing details, declaration of consent by the affected person, affidavit of witness, and certification of the witness. Each section plays a crucial role in ensuring the validity and legality of the document.

How to use this document?

To effectively use the 'Consent to Administration' document, follow the step-by-step guidance below:

1. Enter the relevant court details in the 'Court Details' section. Provide the name of the court, division, registry, and assign a unique case number.

2. Fill in the 'Title of Proceedings' section by specifying the title of the proceedings and the late of the deceased person. This information helps in identifying the case accurately.

3. In the 'Filing Details' section, enter the name of the legal representative who is filing the document. Include their reference and provide contact details such as name, telephone number, and email address for communication purposes.

4. Proceed to the 'Declaration of Consent by Affected Person' section. The affected person should carefully read and understand the statements before signing the document. Ensure that the affected person meets the eligibility criteria mentioned in the declaration.

5. After the affected person has given their consent, both the affected person and a witness should sign the document. The witness should carefully fill in their details in the 'Affidavit of Witness to Affected Person's Consent' section.

6. In the 'Sworn/Affirmed at' section, the witness should provide their signature and certify their knowledge of the deponent. They should confirm whether they saw the face of the deponent or had a valid reason for not seeing it. If applicable, the witness should also verify the identity of the deponent using an identification document.

By following these steps, you can effectively use the 'Consent to Administration' document and ensure its proper completion. Remember to review the document for accuracy and completeness before submitting it to the relevant authorities.