Limited Grant of Representation Under A Will

If you are you an executor or administrator of an estate and are you trying to deal with an asset of the deceased’s estate quickly so to preserve that asset. there may be a risk that a delay in the administration of the asset would jeopardise the value of the asset if you wait for a full Grant of Representation. 

e.g. the deceased may have died following the exchange of contracts to sell their property but before the sale had completed and you want to ensure that the sale can proceed rather than losing a prospective buyer. Or is a Grant of Representation required in order to keep the deceased person’s business running. Or was the deceased involved in litigation and you need a Grant of Representation urgently to protect and preserve their claim. 

If so, you may be able to apply for a limited grant, known as a Grant Ad Colligenda Bona, to quickly and efficiently deal with the specific asset  or circumstance.

A key aspect of a Grant Ad Colligenda Bona, is that it preserves the estate, it does not allow for distribution of the estate as between competing claimants. In this sense it is often a neutral step to allow somebody the Court trusts (usually a solicitor)to step in and take control of an otherwise volatile situation.

e.g. a person dies and the family were divided with one faction moving into the deceased’s house, but when they went out the other faction moves in and changes the locks. Major arguments ensue and the police may be called but they not get involved as it is a civil matter. 

To seek to resolve this an application can be made to the Chancery Division seeking an order that a limited Grant Ad Colligenda Bona be issued to the families solicitor. Once obtained the solicitor can then obtain an injunction to have both factions leave the property.  

In order to obtain a Grant Ad Colligenda Bona, you need to prepare an application to the Probate Registry, supported by an Oath and an Affidavit. The application must be approved and authorised by the District Registrar and by HM Revenue and Customs (HMRC) before the Probate Registry are able to issue such an application.

Once you obtain the Grant, you must be careful not to exceed the power granted by the limited Grant and must still apply to the Probate Registry for a full grant in due course once you have all the relevant information available to you.

If you need help in relation to limited Grants of Representation call 0191.4862799 or email jbrown@nechambers.co.uk

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